Knoxville police, U.S. Drug Enforcement Administration and local prosecutors
have assembled a case which has left thirty-one (31) people facing
drug charges related to dealing cocaine, marijuana, and pain pills. Authorities say
it took two years of investigation and careful listening, to arrest the
members of this drug network, which investigators say reached from East
Tennessee to California. While wiretaps are nothing new for law enforcement,
this investigation involved the first wiretap in Knoxville's history
that was obtained as a result of a State Warrant as opposed to a Federal
Warrant. Normally, when local law enforcement wants to use a wiretap they
usually go through the Federal Courts for their warrant. This is especially
true for large scale drug investigations primarily because of the tougher
sentencing in Federal Courts. But with the recent changes in Tennessee
State law, sentences for severe drug crimes have gotten much harsher.
Knoxville District Attorney General Randy Nichols said that one of the
main reasons they moved forward with the wiretap at the State level is
because enough of the recent cases involved offenses such as selling drugs
in school zones, making State prosecution worthwhile.
No matter how you look at it, a wiretap is an invasion of privacy but the
legislature must strike a balance between an individual's right to
privacy and society's legitimate concern with being protected from
criminal activity. Law enforcement does not have free rein on how to use
wiretaps and other electronic surveillance. In fact, the requirements
for obtaining a wiretap or other form of electronic surveillance are very
strict, but not always followed. Tennessee Law has more than 10 provisions
governing the way law enforcement obtain and use wiretaps. The first barrier
that law enforcement must overcome before they can listen in on your conversations
is the probable cause requirement. This means that before they can begin
listening they must get a warrant from a neutral and detached magistrate
through a showing of probable cause. Even if law enforcement get over
the probable cause stage and an order allowing a wiretap is issued, that
order is only valid for thirty (30) days, once that time is up a new warrant
must be issued and the process starts all over again. This does not mean
that all wiretap warrants last thirty (30) days. The statute provides
that the warrant should only be for the amount of time necessary to achieve
the objective of the warrant and no longer. Further, law enforcement may
not disclose every word of the conversations they intercept. In fact they
are only allowed to disclose and use information which is related to the
crime that is the subject of the wiretap. They must also show that a wiretap
is necessary. A wiretap is only necessary if there are no other less intrusive
ways of obtaining crucial information. Another way in which wiretaps are
limited here in Tennessee is by limiting the crimes which can be investigated
via wiretap. In Tennessee, law enforcement can only seek a wiretap to
investigate certain criminal homicides, conspiracy to commit criminal
homicide, serious gang related offenses and a host of serious drug crimes.
It may not seem like it but the crimes for which a wiretap can be issued
are extremely limited in Tennessee. The Federal courts allow for wiretaps
under different circumstances but the requirements are equally if not
more strict.
Because of how invasive wiretaps are on a citizen's privacy, the wiretap
laws are complicated, technical, and difficult for the average citizen
to understand. Because of the complicated nature of wiretaps and the fundamental
right to privacy they implicate it is easy for law enforcement to error
in their use of wiretaps causing a violation which could affect the outcome
of the case. It is important to contact an experienced criminal defense
attorney to discuss whether the strict technicalities of the wiretap rules
were followed in your specific case. If you believe you are the subject
of a wiretap, or if you have questions about how wiretaps work, please
feel free to
contact The Bowlin Law Firm at your convenience.