Electronic Surveillance

Criminal Justice Section Standards

Electronic Surveillance: Part A Electronic Surveillance of Private Communications

Table of Contents

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. 

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

Copyright American Bar Association.