What is the effect of a section of the Federal Communications Commission's "principal prosecuting attorney" requirement for approval of electronic surveillance?

MultiRegion, United States of America

The following excerpt is from United States v. Tortorello, 480 F.2d 764 (2nd Cir. 1973):

It appears that this provision was designed to encourage state and local law enforcement officials the "principal prosecuting attorneys" to determine whether a particular proposed use of electronic surveillance would be consistent with the overall policy respecting monitoring which had been followed in the state or area. Approval by the prosecuting attorney of an application for electronic eavesdropping essentially is one of policy. As one court has put it, "the greater the degree of public responsibility attributable to the executive making the initial determination of approval, and the higher his public visibility, the greater is the likelihood that he will be called to account for errors in administration of policy and that the safeguards of the federal statute will be effective." United States v. Lanza, 341 F.Supp. 405, 408 (M.D.Fla.1972).

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