Can I access court orders for FBI wiretaps in my home?

Full question:

I think that the FBI has wiretaps and surveillance equipment installed in my house/hotel. They have been harassing me and what I am trying to find out is if they have a court order for the wiretaps and surveillance equipment? Wouldn't a court order be a matter of record? I mean could I or an attorney get access to the contents of a court order if one exists so we can challenge the contents in court?Also, if a court order does not exist in any federal court of my primary or secondary residence areas, then would it be safe to assume that the wire taps and surveillance equipment were then not authorized if the FBI were the ones that installed them?

  • Category: Criminal
  • Subcategory: Warrants
  • Date:
  • State: South Carolina

Answer:

The FBI has broad authority to investigate federal crimes, including wiretapping. Under Title 18, United States Code, Section 2516, law enforcement must establish probable cause to obtain a court order for wiretaps. This order must be approved by an impartial federal judge and is limited to specific unlawful activities for a defined period, usually thirty days.

If the FBI has installed wiretaps legally, they must have a court order. However, access to the details of such court orders and the evidence obtained is generally restricted to protect the integrity of ongoing investigations and the privacy of individuals involved. Once the legal wiretap is terminated, the court is required to notify the affected party within ninety days (18 USC 2518(8)(d)).

If you suspect your phone line is wiretapped, you can contact your local phone company, which may inspect your lines for devices. They will inform you if any wiretap is unauthorized. However, if the wiretap is legal, you will not be notified until the court issues the required notice after termination.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

FBI wiretapping laws are governed by Title 18, United States Code, Section 2516. Law enforcement must demonstrate probable cause to obtain a court order for wiretaps. This order must be approved by a federal judge and is limited to specific unlawful activities for a set duration, typically thirty days. The law also mandates that individuals affected by a legal wiretap must be notified within ninety days after the wiretap is terminated (18 USC 2518(8)(d)). *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*