Wire Tapping: The Federal Electronic Surveillance Manual

This manual sets forth the procedures established by the Criminal Division of the Department of Justice to obtain authorization to conduct electronic surveillance pursuant to Title 18, United States Code, Sections 2510-2522 (2001) (Title III of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by the Electronic Communications Privacy Act of 1986 (ECPA), the Communications Assistance for Law Enforcement Act of1994 (CALEA), the Anti Terrorism and Effective Death Penalty Act of 1996 (Anti Terrorism Act)), the USA-Patriot Act of 2001, and the Homeland Security Act of 2002 and discusses the statutory requirements of each of the pleadings. This manual is divided into two sections. The first section provides an overview of the procedures to follow when applying for authorization to conduct electronic surveillance, and discusses format, statutory and policy requirements, and pertinent case law concerning specific electronic surveillance issues. The second section provides sample forms pertaining to electronic surveillance involving wire, oral and electronic communication interceptions, pen register/trap and trace procedures, access to transactional data and stored wire and electronic communications, and the use of tracking devices. Topics include:THE ELECTRONIC SURVEILLANCE UNITTITLE III AUTHORIZATION PROCESSTHE ELECTRONIC SURVEILLANCE PLEADINGS-The Application, The Affidavit, and The OrderELECTRONIC COMMUNICATIONS-Coverage under Title III and Stored Electronic CommunicationsROVING INTERCEPTIONS-Roving Oral Interception and Roving Wire or Electronic InterceptionEMERGENCY PROCEDURES-Title III Interceptions, Pen Register/Trap and Trace DevicesSEALING-Overview, When to Seal, Sealing Delays, How to Seal/Custody of the Tapes, and Suppression for Failure to Seal ProperlyDISCLOSURE OF TITLE III EVIDENCE-Use and Disclosure of Interception Information, Testimonial Use, Privileged Communications, and Use of “other Crimes” EvidencePEN REGISTERS/TRAPS AND TRACESTHE LEGAL AUTHORITIES REQUIRED TO LOCATE CELLULAR TELEPHONES-Compelling Providers to Disclose Cellphone Location Records, Obtaining Historical Records from Cellular Providers, Compelling Providers to Collect Cell Phone Location Information Prospectively, Collection of Cell Phone Location Information Directly by Law Enforcement, The Pen/Trap Statute, As Amended By the USA PATRIOT Act of 2001, and The Inapplicability of CALEA's Prohibition on Collection Using Pen/Trap AuthorityMOBILE TRACKING DEVICESVIDEO SURVEILLANCESAMPLES:Application for Wire and/or Oral InterceptionsAffidavit for Oral and/or Wire InterceptionOrder for Interception of Wire and/or Oral CommunicationsOrder to Service ProviderSample Minimization Instructions for Oral and Wire CommunicationsApplication for Electronic Communications InterceptionAffidavit for Electronic Communications InterceptionOrder for Interception of Electronic CommunicationsSample Title III Roving AffidavitOrder for SealingApplication for 2703(d) Court Order2703(d) Court OrderApplication for Trap and Trace/Pen RegisterOrder for Trap and Trace/Pen RegisterApplication for Order Permitting Government To Use Its Own Pen Register/Trap and Trace Equipment (Triggerfish/Digital Analyzer or Similar Device)Order Permitting Government To Use Its Own Pen Register/Trap and Trace Equipment (Triggerfish/Digital Analyzer or Similar Device)Combined 3123/2703 ApplicationCombined 3123/2703 OrderApplication for Video SurveillanceOrder for Video SurveillanceApplication for DisclosureOrder for Disclosure of InterceptionsSection 2517(5) Application for Testimonial Use of Interceptions Relating to "Other Offenses"Section 2517(5) Order Permitting Testimonial Use of Interceptions Relating to "Other Offenses"Inventory ApplicationOrder for InventoryInventory NoticeAffidavit for Mobile Tracking DeviceOrder for Mobile Tracking Device