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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34084
Experience:  16 yrs. of experience including criminal law.
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What is the correct procedure for the federal government to

Customer Question

What is the correct procedure for the federal government to use a phase 3 venicular wire tap on a cell phone
Submitted: 7 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 7 years ago.
Unless this is a national security case, the federal government must get authorization from a court to authorize a wiretap on a personal cell phone. This is required by the US Constitution. If the government taps a phone listens to a private conversation without prior authorization then it may be possible to "suppress" the evidence they gained through this tap.

Now there are various ways to tap a cell phone, but the most common is to simply have the service provider provide the "tap". This can happen with the government presenting the subpoena from the court.



     
     
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