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