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- Title
WIRETAPPING: THE FEDERAL LAW.
- Authors
Grimm, Victor E.
- Abstract
This article discusses wiretapping, a primary tool of law enforcement agencies, and thus the majority of federal cases on the subject are concerned with attempts by defendants in criminal prosecutions to procure the exclusion of evidence obtained by wiretapping in the U.S. Evidence obtained in violation of the fourth amendment is inadmissible in federal courts. The applicability of the fourth amendment to evidence obtained through the use of wiretap apparatus was first presented to the U.S. Supreme Court in Olmstead versus United States. The Olmstead case involved a federal conspiracy prosecution in which the substance of a wiretapped telephone conversation was admitted in evidence. In a five to four decision, the Court held that the evidence was not obtained in violation of the fourth amendment. The majority decision relied on three basic grounds. First, the Court held that there was no trespass involved inasmuch as the evidence was obtained merely by listening. Thus, there was no search within the meaning of the fourth amendment. '' Second, the Court indicated that the conversants intended that their voices leave the confines of the room, and therefore the communication was no longer protected by the fourth amendment.
- Subjects
UNITED States; WIRETAPPING; CRIMINAL procedure; CRIMINAL investigation; EAVESDROPPING; ELECTRONIC security systems; ACTIONS &; defenses (Administrative law); OLMSTEAD v. United States (Supreme Court case)
- Publication
Journal of Criminal Law, Criminology & Police Science, 1960, Vol 51, Issue 4, p441
- ISSN
0022-0205
- Publication type
Article
- DOI
10.2307/1140662