What are the rules governing federal wiretaps?
Federal wiretaps, also known as electronic surveillance, are authorized by the federal government and used to intercept oral, wire, and electronic communications. In South Dakota, federal wiretaps are governed by Title 18, Section 2511 of the United States Code. This statute outlines the guidelines that must be followed in order to obtain a valid federal wiretap order. To start, a federal judge must approve the electronic surveillance. This approval must include a written statement that contains specific, factual information regarding the person or organization being surveilled. Furthermore, the judge must be convinced that the wiretap is necessary for the investigation and it is the only means of obtaining evidence. The federal wiretap authorization must also be limited in certain ways. It only allows for the interception of communications that are relevant to the investigation. In addition, the duration of the authorization must be stated, as well as the types of communications it covers (such as oral, wire, or electronic). The time period the authorization is in effect should also be limited. Finally, Title 18, Section 2511 requires that all federal wiretap orders be reviewed regularly to make sure the surveillance is still necessary. This review is conducted by the same federal judge that issued the original order. If it is determined that the wiretap is no longer necessary, the order must be revoked and all intercepted materials must be destroyed. These are the general rules governing federal wiretaps in South Dakota. To ensure that these laws are followed, it is important to contact an experienced criminal defense lawyer if you have any questions or concerns about electronic surveillance.
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