Can the FBI tap my cell phone?

Federal agents cannot simply start tapping your phone without first obtaining court approval. In its request, the Department of Justice must include a description of who will be subject to the wiretap and its details under 18 U.S.C. § 2518.

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Is the Federal Government Tapping Your Phone?

By the time federal agents come to your home while investigating you, they likely already know a lot about you and the case they are investigating. This can be shocking, leaving you to question whether the federal government has been tapping your phone or if it will begin to do so. The federal government can seek a court order to allow it to wiretap phones, but there are some restrictions. A wiretap is serious. If you believe you are under investigation by the federal government, you should speak to an experienced criminal defense attorney who practices in both state and federal court. A lawyer can help you to figure out the best strategic approach to take to try to avoid a potential conviction. By getting help before you are charged, your attorney might be able to negotiate with the federal prosecutor to try to secure an agreement not to charge you criminally.

How federal wiretaps work

Before federal agents can tap your phone, they must first go through a stringent process to get approval from a judge. Agents are also not allowed to perform wiretaps for all crimes but are instead only allowed to do so for specific offenses listed in 18 U.S.C. § 2516. If you are being investigated for a qualifying crime, the Department of Justice must file a request for a wiretap order with a judge in federal court. However, a federal prosecutor who wants to tap your phone will likely first need to get internal approval to request it from the DOJ. Federal agents cannot simply start tapping your phone without first obtaining court approval. In its request, the Department of Justice must include a description of who will be subject to the wiretap and its details under 18 U.S.C. § 2518. The prosecutor will also have to include information about whether they have tried using other investigative procedures that failed or if other methods would be too dangerous or likely unsuccessful. Before the judge can order the wiretap, he or she must first find that other investigative methods to secure the information would be too dangerous. Once the order is issued, the wiretap cannot last more than 30 days. If the prosecutor still needs to wiretap a phone, he or she will have to submit another request to the judge and explain what was found. The court can order the prosecutor to submit reports about the wiretap and any information that has been found. The process involved with getting a wiretap authorized requires a significant amount of work. As a result, wiretaps are not done as routine matters in federal investigations. However, depending on what you are being investigated for, a federal prosecutor might seek authorization from the court to tap your phone. If it is a mobile phone, a wiretap order would also allow federal agents to see your incoming and outgoing text messages.

What types of federal crimes allow wiretapping?

Federal agents are restricted in their ability to tap phones and cannot just listen to people’s phone calls to search for possible crimes to prosecute. However, if you think that you might be under federal surveillance for something you have done or because you have associated with someone who might be involved in serious criminal activities, it is possible that your phone might be tapped. Under 18 U.S.C. § 2516, federal agents can seek wiretaps when they are investigating people for the following offenses:

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Possessing, exporting, manufacturing, or threatening to use atomic weapons

Communicating restricted information to a foreign government to harm the U.S.

Other violations of the Atomic Energy Act of 1954

Sabotaging a nuclear facility

Acts of terrorism

Espionage

Kidnapping

Treason

Piracy

Trade secrets violations

Murder

Extortion

Robbery

Arson within maritime or territorial jurisdiction

Drug trafficking

Counterfeiting

Aircraft parts fraud

Misusing passports

Other qualifying offenses

This is not an exhaustive list. There are numerous other offenses that are included in § 2516. If you think that you might be under surveillance, an attorney can help you determine the options you might have. Securing approval for a wiretap involves a complicated process, and wiretaps are not as common as many people imagine. Getting approval from the DOJ and the court can take numerous hours of time drafting requests that explain why wiretapping your phone is necessary. However, depending on what you are being investigated for, federal prosecutors might still decide that it is worthwhile to request authorization for a wiretap.

Talk to an experienced federal criminal defense attorney

If you believe federal agents are investigating you for a crime, you should get help from a criminal defense lawyer as early as possible. Getting legal help early might increase the chances of a better outcome in your case. The defense attorney you choose should be experienced in handling serious federal criminal cases. Contact us today to schedule an appointment to learn more about how we might be able to help you. Have you ever felt as though someone might be listening to your conversations while you’re on the telephone with someone? Although this doesn’t happen all the time, it’s possible that someone from the Federal Government is tapping your phone and listening to everything that you say. If you know that you’ve been charged with a crime or think that you could be investigated in the future, then you might want to limit your phone calls in the event that someone is listening. If you think that a government official is tapping your phone, you can contact an attorney who can offer advice about how to tell if someone is listening and how to approach the court to put a stop to your invasion of privacy. A detail that you should know about tapping your phone is that there are guidelines that officials must follow. Tapping your phone is legal if you’re aware that it’s occurring. If government officials have evidence against you pertaining to a crime, then they could tap your phone without your knowledge but would then have to deliver the evidence to the court when you go to trial. Your attorney can raise the defense of an invasion of privacy tapping in an illegal setting if no conversations were recorded that yielded the evidence that the officials needed. An attorney can also offer assistance if you feel that a family member’s phone is being tapped as well. There are types of communication that are exempt from regulations associated with wiretapping. Officers can monitor jail and prison phones, recording conversations between inmates and the people they talk to in order to ensure that there is no illegal activity taking place. If a party consents to a wiretap, then it’s usually considered a legal act. Conversations that involve police officers and other government officials are usually exempt from regulations as well, especially if they are talking to victims, witnesses, or possible suspects in order to get more information pertaining to a crime. In order for a wiretap to be legal, there is a process that needs to be followed. The officer or government official who wants to complete the wiretap needs to complete an application. The Attorney General or a prosecutor for the county court will review the application to determine if the reason for the wiretap is valid. If the application is approved, then the official will be directed to seek final approval by a judge before completing the wiretap process. A judge will review the application and determine if there is probable cause for the wiretap to be completed. This is when the officer has a chance to deliver as much information as possible about any crimes that have been committed or if there is a possibility that a crime could be committed in the future. If the judge approves, then the wiretap can take place.

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Officers can easily watch your actions when you’re in public and even when you’re on your own property. When officers step over the line and begin tapping your phone without permission from a court, then the officer could be reprimanded for the actions completed. Your attorney might want to meet with you in person to prevent conversations on phones from being tapped. There are usually limits on how long officers can tap your phone and the time of day when officers can tap your phone. Another limitation of wiretapping is that officers are usually only allowed to complete the act if they believe that they will hear evidence pertaining to a crime or a legal situation. They can’t simply record a conversation that you have with your child on the phone or another family member that is considered a private matter. Aside from listening to your conversations, officers can perform a pen register technique. This involves recording the numbers that you dial on your phone in order to get information about the people you contact. Officers can also complete a trace that involves recording numbers that call a certain phone. These methods are usually allowed in court more often than wiretapping because a conversation isn’t recorded between two people. If there is evidence that a number has been used by someone connected to a criminal act, then the officers can obtain a warrant to get more information.

nyccriminalattorneys.com - Is the Federal Government Tapping Your Phone? - Spodek Law Group

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