ABSTRACT

Electronic Surveillance Manual: Procedures and Case Law Forms   [open pdf - 7MB]

"This manual sets forth the procedures established by the Criminal Division of the Department of Justice to obtain authorization to conduct electronic surveillance pursuant to Title 18, United States Code, Sections 2510-2522 (2001) (Title III of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by the Electronic Communications Privacy Act of 1986 (ECPA), the Communications Assistance for Law Enforcement Act of 1994 (CALEA), the Antiterrorism and Effective Death Penalty Act of 1996 (Antiterrorism Act)), the USA-Patriot Act of 2001, and the Homeland Security Act of 2002 and discusses the statutory requirements of each of the pleadings. Throughout this manual, the above federal wiretap statutes will occasionally be referred to collectively as 'Title III.' This manual is divided into two sections. The first section provides an overview of the procedures to follow when applying for authorization to conduct electronic surveillance, and discusses format, statutory and policy requirements, and pertinent case law concerning specific electronic surveillance issues. The second section provides sample forms pertaining to electronic surveillance involving wire, oral and electronic communication interceptions, pen register/trap and trace procedures, access to transactional data and stored wire and electronic communications, and the use of tracking devices. These forms are intended only to provide general guidance in drafting the most frequently used pleadings and do not prohibit alternative approaches."

Publisher:
Date:
2005-06
Copyright:
Public Domain
Retrieved From:
U.S. Dept. of Justice: http://www.justice.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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