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    Criminal Justice Standards

    Electronic Surveillance of Private Communications


    Electronic Surveillance: Part A Electronic Surveillance of Private Communications

    In February 2001, the ABA House of Delegates approved these “black letter” standards that have been published with commentary in ABA Standards for Criminal Justice: Electronic Surveillance, Section A: Electronic Surveillance of Private Communications, 3d ed., © 2001 American Bar Association. For the text of the publication, click here. To go directly to individual “black letter” standards (without commentary), click on the links below. 

    Copyright by the American Bar Association. This work (Criminal Justice Standards) may be used for non-profit educational and training purposes and legal reform (legislative, judicial, and executive) without written permission but with a citation to this source.  Some specific Standards can be purchased in book format.

    PART I. OBJECTIVES

    Standard 2-1.1. Objectives

    PART II: DEFINITIONS

    Standard 2-2.1. Definitions

    PART III. GENERAL PRINCIPLES

    Standard 2-3.1. General principles

    PART IV. COURT-ORDERED ELECTRONIC SURVEILLANCE

    Standard 2-4.1. Order authorizing electronic surveillance; authorized application
    Standard 2-4.2. Application; form; contents; additional facts
    Standard 2-4.3. Probable cause; kinds of showings
    Standard 2-4.4. Designated offenses; criteria
    Standard 2-4.5. Other offenses
    Standard 2-4.6. Judicial discretion and determination
    Standard 2-4.7. Order; jurisdiction
    Standard 2-4.8. Order; form; contents
    Standard 2-4.9. Minimization after communications intercepted
    Standard 2-4.10. Order not specifying place or facilities; application and authorization
    Standard 2-4.11. Extensions
    Standard 2-4.12. Privileged communications
    Standard 2-4.13. Orders and applications; custody; destruction
    Standard 2-4.14. Authenticity
    Standard 2-4.15. Inventory; contents; time; postponement
    Standard 2-4.16. Disclosure; use
    Standard 2-4.17. Reports

    PART V. INTERCEPTION OF COMMUNICATIONS BY LAW ENFORCEMENTWITHOUT AN ELECTRONIC SURVEILLANCE ORDER

    Standard 2-5.1. Intercepting communications with consent

    Standard 2-5.2. Intercepting communications in an emergency situation

    PART VI. SANCTIONS

    Standard 2-6.1. Sanctions, in genera
    Standard 2-6.2. Evidentiary sanctions; exceptions
    Standard 2-6.3. Criminal sanctions
    Standard 2-6.4. Civil sanctions

    PART VII. ADMINISTRATIVE REGULATIONS

    Standard 2-7.1. Administrative regulations

    PART VIII. PRIVATE COMMUNICATIONS ACQUIRED BY AND RECEIVED FROM ELECTRONIC COMMUNICATION SERVICE PROVIDERS

    Standard 2-8.1. Communications acquired by an electronic communication service provider
    Standard 2-8.2. Communications received by law enforcement from an electronic communication service provider
    Standard 2-8.3. Communications received by other persons from an electronic communication service provider

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