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Chapter 5
Laws Governing Police
Surveillance
Constitutional Law
13th Edition
Introduction
To safeguard the privacy of innocent persons, the
interception of wire or oral communications . . .
5 Laws Governing Police Surveillance
Threshold Question
Does the activity in question constitute a search?
•If yes, then it will require a:
oWarrant
5 Laws Governing Police Surveillance
Supreme Court Decisions
•Olmstead v. United States (1928)
oDecided that wiretapping did not constitute a
search
5 Laws Governing Police Surveillance
Legislation
Wiretap Act (Title III of the Omnibus Crime Control
5 Laws Governing Police Surveillance
Non-Assisted Surveillance
How the Fourth Amendment applies:
•Exposed to public view
oNot protected
5 Laws Governing Police Surveillance
Hoffa Doctrine
The Fourth Amendment does not protect “a
5 Laws Governing Police Surveillance
Electronic Tracking
How the Fourth Amendment applies:
•Public movements
5 Laws Governing Police Surveillance
Detection Devices
How the Fourth Amendment applies:
•Devices capable of revealing only the
presence of contraband
5 Laws Governing Police Surveillance
Wiretap Act
•A wiretap order is necessary to intercept a
protected communication
5 Laws Governing Police Surveillance
What the Wiretap Act Protects
•Wire (communications containing the human
voice that travel through wires at some point in
5 Laws Governing Police Surveillance
What the Wiretap Act Limits
•The crimes for which wiretap orders may be
issued
•The duration of wiretap orders to a maximum of:
o30 days
5 Laws Governing Police Surveillance
What the Wiretap Act Requires
•Approval by a high-ranking official within the
Justice Department before the application can be
submitted to the court
•Establishment of probable cause
•That wiretap orders be executed so as to minimize
5 Laws Governing Police Surveillance
Wiretap Act Does Not Protect
•Conversations overheard naturally
5 Laws Governing Police Surveillance
E-mail, Voice/Text Messages
•Wiretap Act
•Stored Wire and Electronic Communications and
Transactional Records Act
oProtects e-mail after the message has reached
5 Laws Governing Police Surveillance
FISA
Electronic surveillance conducted inside the U.S. for
the purpose of gathering foreign intelligence
•Surveillance orders require probable cause that:
oThe target is a foreign power
5 Laws Governing Police Surveillance
