5. Wiretapping and Eavesdropping

Question 1

Four major requirements for a valid wiretap warrant:

Answer 1

Mnemonic: “Screen Telephone Calls Carefully”

S Suspected Persons : The warrant must name the suspected persons whose conversations are to be overheard.

T Time: The wiretap must be for a strictly limited time period.
NY [NEW YORK: Wiretap warrants expire after 30 days.]

C Crime: There must be probable cause that a specific crime has been committed.

C Conversations: The warrant must describe with particularity the conversations that can be overheard.

Question 2

Eavesdropping - “Unreliable Ear” Doctrine and Assumption of the Risk:

Answer 2

If you speak to someone who has agreed to a wiretap or some other form of electronic monitoring, you have no Fourth Amendment claim; you assume that the other party will not keep your conversations private.