Does a wiretap need to be wiretapped?

MultiRegion, United States of America

The following excerpt is from U.S. v. Swinburne, 988 F.2d 125 (9th Cir. 1993):

However, the fact that the law enforcement officials enjoyed a certain degree of success employing normal investigative techniques does not indicate that a wiretap was unnecessary. United States v. Kail, 612 F.2d 443, 447 (9th Cir.1979). The agents bore the burden of demonstrating that they pursued their investigation diligently through normal methods but, nevertheless, that a wiretap was necessary to further their inquiry. They did not have to show that normal methods yielded absolutely no information regarding the suspected drug traffickers.

In United States v. Torres, 908 F.2d 1417 (9th Cir.1990), for example, law enforcement officials investigating a drug distribution network infiltrated the drug ring through undercover agents and gained information through confidential informants. Id. at 1420. Nevertheless, we upheld the issuing judge's finding of necessity because traditional investigative techniques failed to lead "to apprehension and prosecution of suppliers, major buyers or other satellite conspirators." Id. at 1423.

Other Questions


Is wiretapping appropriate to wiretap a telephone used by drug dealers? (MultiRegion, United States of America)
What authority does the US Supreme Court have to determine whether a wiretapped phone call can be wiretapped? (MultiRegion, United States of America)
What is the test for a wiretap under section 2518(3)(c) of the Wiretap Act? (MultiRegion, United States of America)
How has Section 2518 of the New York State Criminal Code been interpreted in the context of a delay in processing and sealing a wiretapping wiretap? (MultiRegion, United States of America)
What is the legal test for a witness to testify in a wiretap case? (MultiRegion, United States of America)
What is the legal test for probable cause for a wiretap warrant? (MultiRegion, United States of America)
Does the federal wiretapping statute protect privacy, even if the evidence is obtained by a private investigator? (MultiRegion, United States of America)
What is the test for establishing a procedure for conducting wiretap taint hearings? (MultiRegion, United States of America)
What is the test for a motion to suppress evidence obtained through wiretap warrants? (MultiRegion, United States of America)
Does a per se "two-minute rule" derived from Bynum apply to immunity for wiretaps? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.