Copyright © 1986 by the American Bar Association All rights reserved. No part of this book may be Library of Congress Catalog Card No. 79-91936 ISBN 0-316-03724-9 Third Printing American Bar Association 1800 M Street, NW Washington, D.C. 20036 ALP Published simultaneously in Canada Chapter 2 Electronic Surveillance Kenneth J. Hodson, Chairman Standing Committee on Association Frank J. Remington, Chairman Task Force on Electronic Surveillance Task Force on Electronic Surveillance Frank J. Remington, Chairman Professor of Law, University of Wisconsin; Member, Committee on Rules of Practice and Procedure of the Judicial Conference of the United States William M. Coffey Attorney, Coffey & Coffey, Milwaukee, Wisconsin Robert W. Johnson Anoka County Attorney, Minnesota; President, National District Attorneys Association James R. Jorgenson County Judge, Dade County, Florida; former Supervising Police Legal Adviser and Chief, Court Services, Dade County Public Safety Department Wayne R. LaFave David C. Baum Professor of Law, University of Illinois Francis B. Looney Counsel, New York State Association of Chiefs of Police; retired Police John W. Oliver Chief Judge, United States District Court, Western District of Missouri JAMES G. CARR, Reporter Professor of Law, University of Toledo; Author, The Law of Electronic 2-4.1 PART IV. OVERHEARING OR RECORDING Overhearing or recording; authenticity PART V. OVERHEARING OR RECORDING Overhearing or recording; judicial order; authorized ap 2-5.1 17 19 20 23 25 26 35 38 40 2-5.10 Privileged communications 2-5.11 Orders and applications; custody; destruction 2-5.12 Authenticity 2-5.13 Return; record; time; sealing; custody; destruction 2-5.14 Inventory; time; postponement 2-5.15 Disclosure; use 2-5.16 Reports 2-5.17 Administrative regulations Selected References Appendix 2.1 44 46 54 56 59 60 62 64 67 69 71 73 Part 1: Classification of State Laws Relating to Electronic Surveillance 75 Part 2: State Statutes Authorizing Court-ordered Electronic Surveillance: Comparison with Federal Law 78 INTRODUCTION The first edition of the Electronic Surveillance standards was drafted concurrently with Title III of the Omnibus Crime Control and Safe Streets Act of 1968.1 As finally approved, the standards were substantially similar to Title III. With some exceptions, the second edition of the standards continues to resemble Title III in large measure. Experience with court-ordered surveillance during the past ten years justifies the original decision to adopt standards for this topic and provides support for retaining the original standards substantially intact in the revised edition. The National Wiretapping Commission, which considered the effectiveness of Title III and issued its report in April 1976, found that the federal statute and related state laws had been effective in accomplishing their objectives of protecting conversational privacy and providing a useful investigatory tool to state and federal law enforcement officers. With particular reference to organized crime, the 1. 18 U.S.C. §§2510-2520 (1976). |