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Many people would want to know whether the federal government is tapping their phones. The matter is paramount for people who might be caught up in a federal investigation. If you know that a federal agency is investigating you, you might want to consider a situation where they are tapping into your calls and text messages. In most cases, when the government taps into your phone they will do it without your knowledge, and by the time they reveal to you, they’ll have access to your emails, bank statements, call logs, text messages and any other information that might have been passed through your phone and which shows your involvement in a federal crime. When you find yourself under federal investigation, you might be worried that the government might have already accessed information from your phone or might be about to start collecting information. It is important for people to understand how wiretaps are done and how to know whether the government is wiretapping your phone.
People need to understand that federal law enforcement is different from a case where one is under investigation for national security matters. From what we have witnessed in the past, if you have a matter that is of concern to the National Security Agency, issues of federal law enforcement might be off the bets.
According to federal law enforcement guidelines, no federal agencies should not wiretap a phone without following some legal procedures. It is a cumbersome process that will see the federal agents go through a legal process to obtain permission to wiretap your phone. However, this process does not mean that the feds will not finally have access to your phone’s information. The fact that the feds have to go through a legal process to obtain a warrant for wiretapping your conversations make it hard for them to engage in such a process out of the own volition. People need to understand that an agent from the FBI or any other law enforcement agency cannot just wiretap a phone whenever they feel like. It is mandatory to follow a specific process that is established under the law.
In some crimes, law enforcement agents can be allowed to wiretap your phone. However, it can’t be just for anything. They must prove that there is a sufficient reason to wiretap. There is a long list of crimes under with a federal agent might be allowed to wiretap your phone. Most of these crimes involve terrorism, violence, drug business, counterfeiting, misuse of passports and some types of fraud.
Before a law enforcement body can wiretap your phone, it must receive permission from the Department of Justice. The process involves filing a request with a federal judge who will then decide whether to grant the plea or not. A federal agency is only allowed to start wiretapping after the request has been approved. It is important to note that this only applies to federal enforcement cases. If the case involves investigations by CIA or NSA, the rules are different.
In the case where a federal agency wants permission to wiretap someone, the prosecutor must provide full details of the person to be subjected and the reasons for wiretapping. There must be sufficient reasons to show that wiretapping is the only way through which the prosecution will be able to prove its case. The judge will want to know whether the prosecution has exhausted other investigative procedures and have failed before granting permission for such a request. Alternatively, the prosecution might be required to provide evidence that using other investigative procedures might make them lose the case. In some cases, the prosecution may be needed to prove that using other investigative procedures might be dangerous and the only possible option is through a wiretap.
If granted the permission to wiretap, a law enforcement agency must do so within the authorized period. For instance, if the judge grants the prosecution 30 days to complete the investigation by wiretapping, that order must be followed to the letter. In case the prosecution needs additional days, they must go back to the judge again and seek fresh permission. For the second instance, the prosecution must prove that they failed in the first attempt to conclude their investigations. The judge might also be interested to know how the first phase of investigations went. In such a case, the prosecution will be required to provide a report of the information received through wiretap and how that information will help them in building their case.
After the prosecutor has received permission from the judge, they’ll also need internal approval from the Department of Justice to commence wiretapping. Clearly, it is a process that takes a great deal of time and work to complete. It is a process that needs the prosecutor to get the necessary approvals before wiretapping can be initiated.