Senate votes to permit warrantless Net-wiretaps, Carn ivoreus e (fwd)
Aimee Farr
aimee.farr at pobox.com
Sat Sep 15 10:47:32 PDT 2001
> >From: "Baker, Stewart" <SBaker at steptoe.com>
> >To: "'Declan McCullagh'" <declan at well.com>, farber at cis.upenn.edu,
> > ip-sub-1 at majordomo.pobox.com
> >cc: "Albertazzie, Sally" <SAlbertazzie at steptoe.com>,
> > "Baker, Stewart" <SBaker at steptoe.com>
> >
> >
> >Declan,
> >
> >I ignored the first two points because I don't think they're
> that important.
> >These "warrantless searches" are emergency orders that have to
> be followed
> >by a court order in 48 hours. Sometimes courts are closed and
> the cops need
> >data right away. Tuesday evening would be a good example. This
> is not some
> >out-of-control police authority.
> >
> >The people who can ask for emergency orders have to be
> designated by one of
> >several officials at Main Justice. That's to make sure someone
> responsible
> >ends up with the authority to declare an emergency. So an assistant US
> >attorney could be designated by Main Justice in each district right now.
> >What's the big deal with letting the US Attorney for the district do the
> >designating instead of Main Justice? Seems to me that the US Attorney
> >probably knows more about staff changeovers than Main Justice,
> so it makes
> >sense for the US Attorney to do the designating locally.
> >
> >Stewart
>
See the following portion of a recent TX bill, proposed in June.
Offered for comparative purposes against the "new and improved" 3125.
http://www.capitol.state.tx.us/tlo/billsrch/subject/77r/S1087.HTM
Sec. 8A. EMERGENCY INSTALLATION AND USE OF INTERCEPTING
4-6 DEVICE. (a) The prosecutor in a county in which an electronic,
4-7 mechanical, or other device is to be installed or used to intercept
4-8 wire, oral, or electronic communications shall designate in writing
4-9 each peace officer in the county, other than a commissioned officer
4-10 of the Department of Public Safety, who:
4-11 (1) is a member of a law enforcement unit specially
4-12 trained to respond to and deal with life-threatening situations;
4-13 and
4-14 (2) is authorized to possess such a device and
4-15 responsible for the installation, operation, and monitoring of the
4-16 device in an immediate life-threatening situation.
4-17 (b) A peace officer designated under Subsection (a) or
4-18 under Section 5(b) may possess, install, operate, or monitor an
4-19 electronic, mechanical, or other device to intercept wire, oral, or
4-20 electronic communications if the officer:
4-21 (1) reasonably believes an immediate life-threatening
4-22 situation exists that:
4-23 (A) is within the territorial jurisdiction of
4-24 the officer or another officer the officer is assisting; and
4-25 (B) requires interception of communications
4-26 before an order authorizing the interception can, with due
5-1 diligence, be obtained under this section;
5-2 (2) reasonably believes there are sufficient grounds
5-3 under this section on which to obtain an order authorizing the
5-4 interception; and
5-5 (3) obtains from a magistrate oral or written consent
5-6 to the interception before beginning the interception.
5-7 (c) A magistrate may give oral or written consent to the
5-8 interception of communications under this section.
5-9 (d) If an officer installs or uses a device under Subsection
5-10 (b), the officer shall:
5-11 (1) promptly report the installation or use to the
5-12 prosecutor in the county in which the device is installed or used;
5-13 and
5-14 (2) within 48 hours after the installation is complete
5-15 or the interception begins, whichever occurs first, obtain a
5-16 written order from a judge of competent jurisdiction authorizing
5-17 the interception.
5-18 (e) A judge may issue an order authorizing interception of
5-19 communications under this section during the 48-hour period
5-20 prescribed by Subsection (d)(2). If an order is denied or is not
5-21 issued within the 48-hour period, the officer shall terminate use
5-22 of and remove the device promptly on the earlier of the denial or
5-23 the expiration of 48 hours.
5-24 (f) The state may not use as evidence in a criminal
5-25 proceeding any information gained through the use of a device
5-26 installed under this section if authorization for the device is not
6-1 sought or is sought but not obtained.
============================================================================
~Aimee
More information about the Testlist
mailing list