AJ 104 Chapter 13.ppt

AJ 104 Chapter 13 Electronic Surveillance and Other Searches Eavesdropping and Electronic Surveillance Eavesdropping is the intercepting and reading of messages and conversations by unintended recipients. The origin of the term is literal, from people who would literally hide out in the of houses to listen in on other peoples private conversations. Electronic Surveillance emerged as technology developed. Eavesdropping and Electronic Surveillance Both involve the seizure of private conversations The key distinction by SCOTUS is whether the person making the comments knows a listener is present, not whether electronic equipment is used. Misplaced Reliance Doctrine No warrant is required to obtain conversations that can be overheard the police based on the misplaced reliance of the suspect. Each person (according to SCOTUS) bears the burden of restricting his/her conversation to people who will not reveal them to the authorities. Examples, page 283. Electronic Surveillance Has been troubling for SCOTUS Why? Potential for abuse in wiretapping and bugging Which Amendment is likely to be violated as a result of E.S.? 4th, reasonable expectation of privacy Anything that (e.s.) could accomplish without trespassing was permitted. Electronic Surveillance Do you have a reasonable expectation of privacy while using a phone booth? Yes, Katz v. United States Just because you may be a gambler, if you close the door, you should have a reasonable expectation of privacy. Electronic Surveillance Warrant Requirement for Electronic Surveillance A warrant is required to install listening devices that invade a person’s reasonable expectation of privacy. The warrant must contain a detailed statement of probable cause including a showing of why other investigative techniques will not work. Warrants are for short durations. Examples, page 284 Some Devices Federal Legislation on Electronic Surveillance Omnibus Crime Control and Safe Streets Acts of 1968 Title III of the a