What is the federal criminal justice system's approach to electronic surveillance?
The federal criminal justice system takes a very proactive approach to electronic surveillance. Electronic surveillance is the practice of using electronic equipment to monitor or control activities, such as recording phone conversations, intercepting emails, and monitoring locations. The federal government has a number of laws in place to protect citizens from unlawful electronic surveillance. For example, the federal Wiretap Act prohibits the interception of certain electronic communications. Additionally, the Stored Communications Act prohibits unauthorized access of certain stored electronic communications. In the context of criminal investigations, the federal government has the authority to conduct electronic surveillance in accordance with the Fourth Amendment. Under this Amendment, the federal government can obtain a warrant from a judge to conduct electronic surveillance of a suspect. This warrant must include probable cause that the suspect is engaged in criminal activity. In California, the Electronic Communications Privacy Act of 1978 sets out specific parameters for electronic surveillance. This Act prohibits any person, including law enforcement officers, from conducting electronic surveillance or intercepting a message without the consent of the sender or recipient. Additionally, since 2008, California has required law enforcement officers to obtain a warrant to perform a search or surveillance involving the use of GPS technology. In sum, the federal criminal justice system takes a very proactive approach to electronic surveillance. It has put a number of laws in place to protect citizens from unlawful electronic surveillance, and law enforcement officers must abide by these laws when conducting electronic surveillance.
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