For Your Reading Consideration: DOJ Electronic Surveillance Manual

Consider this a reference guide to the many ways in which Title III and associated statutes are violated constantly via the broad and sweeping electronic surveillance programs now in use by various U.S. Federal agencies.

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This manual was prepared by the Electronic Surveillance Unit, Office of Enforcement Operations, Criminal Division, and is designed primarily to assist federal prosecutors and investigative agents in the preparation of electronic surveillance applications made pursuant to Title 18, United States Code, Sections 2510-2522 (2001) (“Title III”) and associated statutes. It is not intended to confer any rights, privileges, or benefits upon defendants, nor does it have the force of a United States Department of Justice directive. See United States v. Caceres, 440 U.S. 741 (1979). In addition to outlining and discussing the statutory requirements of Title III applications, this manual also sets forth the Department’s authorization process, provides guidance in filing Title III pleadings before the court, and discusses the applicable case law as well as both novel, and frequently arising, legal issues involved in Title III litigation. Samples of the most commonly filed pleadings follow the text.

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