The following excerpt is from U.S. v. Lilla, 699 F.2d 99 (2nd Cir. 1983):
7 The government seems to argue that wiretapping is appropriate because drug dealers often use the telephone at "irregular" or "unusual" hours. But this observation is germane to most forms of criminal activity that involve more than one willing participant and require some degree of planning. Without question, it would be in some sense more efficient to wiretap whenever a telephone was used to facilitate the commission of a crime. But the statutory requirement that other investigative procedures be exhausted before wiretapping reflects a congressional judgment that the cost of such efficiency in terms of privacy interests is too high. See United States v. Kalustian, 529 F.2d 585, 589 (9th Cir.1975).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.