Challenging Federal Wiretap & Surveillance Evidence
The Intricacies of Wiretap Evidence
Wiretap and surveillance evidence is often critical for federal prosecutions. At Tad Nelson & Associates, we understand that such evidence can be a double-edged sword for the DOJ.
While wiretap evidence under Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (often just called Title III) can be a potent tool for prosecution, it’s not infallible. As seasoned federal criminal case attorneys, we know how to successfully challenge this type of evidence when the opportunity presents itself.
Fight The Feds!
Our law office is always ready to help people entangled with federal law. If you need professional legal help, call us at 281-280-0100. We have law office locations in Houston, League City, and Galveston. Come see us!
Legal Grounds for Challenge
First of all, wiretaps are not a free-for-all for federal agencies. They must adhere to stringent protocols under 18 U.S.C. § 2518. The code outlines the procedures for the interception and disclosure of wire, oral, or electronic communications. Non-compliance with these procedures can render the evidence inadmissible for prosecutors.
Remember, the Feds aren’t going to police themselves. You’ll need an experienced criminal defense lawyer on your case to ensure these protocols were followed.
Scrutinizing the Wiretap Order
Every wiretap must be backed by a court order. This isn’t a mere formality; the order must satisfy several legal prerequisites.
For instance, it must demonstrate that other investigative procedures have been tried and failed or are unlikely to succeed if tried. If these conditions aren’t adequately met, the wiretap evidence may be susceptible to a challenge in court.
At Tad Nelson & Associates, we have extensive experience challenging illegal evidence. Often, it’s the cornerstone of our winning defense strategies.
Examining the Execution of the Wiretap
The way the wiretap was executed is as critical as the order itself. If law enforcement deviates significantly from the terms of the wiretap order, the evidence they gather can be challenged. Violations might include tapping phones for longer than permitted or capturing communications not specified in the order.
The Fourth Amendment: Your Right To Privacy
The Fourth Amendment to the Constitution of the United States can certainly be an effective tool for challenging wiretap evidence. If a wiretap infringes upon an individual’s reasonable expectation of privacy, there’s room for a Constitutional challenge. This is particularly relevant in today’s digital age, where the lines of privacy can be blurred.
Challenging Other Surveillance Methods
Wiretaps aren’t the only surveillance method employed by federal agencies. Other methods, such as bugs, drones, and tracking devices, fall under the purview of surveillance. Each technique comes with its own set of legal oversights, which can be potential grounds for a legal challenge.
The federal criminal defense lawyers you’ll have on your team, Attorney Amber Spurlock & Tad Nelson, have challenged evidence enough times to know the best route to having it thrown out. If the opportunity presents itself, again, we’ll take full advantage of the situation.
Evidentiary Issues and Exclusion Motions
Sometimes, the challenge isn’t about the legality of the surveillance but about how the evidence is handled and presented in court. The rules of evidence are stringent.
If the prosecution fails to maintain a proper chain of custody or if the evidence is deemed to be more prejudicial than probative, a motion to exclude can and should be filed by our legal team.
We Are Tad Nelson & Associates
Defense Lawyers for Federal Charges
Tad Nelson’s Board Certification® in Criminal Law and Amber Spurlock’s unique insights as a former assistant JAG officer – position us uniquely as federal criminal defense lawyers. We give each case the scrutiny it deserves. We know that, if you’re reading this, your freedom is on the line.
Our approach to challenging surveillance evidence is grounded in a deep understanding of federal criminal procedure.
Our law firm has an excellent track record. We’re also known for operating an ethical law practice, having never been the subject of a disciplinary hearing by the State Bar of Texas or the United States Court.
If you’re facing federal criminal charges, the road to justice often begins with challenging the evidence against you. At Tad Nelson & Associates, we’re committed to walking that road with you.
For a detailed discussion of your case, contact us at 281-280-0100 or send us a message form. We’re here to turn the tide in your favor.
