What is the current state of the law on wiretapping under Section 2518 of the Federal Communications Commission Act?

MultiRegion, United States of America

The following excerpt is from U.S. v. Diaz, 176 F.3d 52 (2nd Cir. 1999):

The purpose of the statutory requirements of 2518 is not to preclude the government's resort to wiretapping " 'until after all other possible means of investigation have been exhausted by investigative agents; rather, [the statute] only require[s] that the agents inform the authorizing judicial officer of the nature and progress of the investigation and of the difficulties inherent in the use of normal law enforcement methods.' " Torres, 901 F.2d at 231 (quoting United States v. Vazquez, 605 F.2d 1269, 1282 (2d Cir.1979) (quoting, in turn, United States v. Hinton, 543 F.2d 1002, 1011 (2d Cir.1976))). The issue of whether a normal investigative method has been exhausted must be tested in a practical and common sense manner. See id. at 232.

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