Wiretaps are frequently used by Federal prosecutors. While State law enforcement agencies in Louisiana have the same power, it is rarely used. See La. R.S. 15:1302-1316.
The Federal Wiretap Statue is found at 18 USC 2510-2522. 18 USC 2516 lists the crimes for which Wiretaps can be used; however , they are used by Federal prosecutors primarily for Terrorism and Narcotics cases.
18 USC 2518 sets forth the requirements which law enforcement must have in their application to a Federal Judge for a wiretap.
There are several defenses in cases involving wiretaps. It is not necessary that your phone be tapped to have standing to challenge a wiretap. Anyone adversely affected by a wiretap can challenge its legality. Call us for an appointment if you would like to discuss this issue further.
