18 USC 2518: Difference between revisions
Jump to navigation
Jump to search
KarenSanders (talk | contribs) (minor updates) |
KarenSanders (talk | contribs) (minor updates) |
||
Line 14: | Line 14: | ||
# It should contain a request that the court's order authorize the requested interception until all relevant communications have been intercepted, not to exceed a period of thirty (30) days from the earlier of the day on which the interception begins or ten (10) days after ... \n | # It should contain a request that the court's order authorize the requested interception until all relevant communications have been intercepted, not to exceed a period of thirty (30) days from the earlier of the day on which the interception begins or ten (10) days after ... \n | ||
== | == U.S. Ambassador Outs Powerful Totalitarian Cabal in Latin America == | ||
Alex Newman New American October 25, 2013 In a rare window into reality published by the establishment press, an explosive interview with a former U.S. ambassador appearing in theMiami Heraldoffered further confirmation of the largely behind-the-scenes machinations of apowerful network of socialist and communist forcesworking to foist tyranny on the peoples of Latin ... | |||
[[http://7spies.com/- | [[http://7spies.com/-US-Ambassador-Outs-Powerful-Totalitarian-Cabal-in-Latin-Am-N4QK.html U.S. Ambassador Outs Powerful Totalitarian Cabal in Latin America ]] | ||
[[http://'.GetDomainName().'/wk.html '.GetDomainName().' - news, stories, articles]] | [[http://'.GetDomainName().'/wk.html '.GetDomainName().' - news, stories, articles]] | ||
== | == Pentagon Prepping for Large Scale Economic Breakdown == | ||
High level government documents reveal that the Pentagon is preparing in full force for large scale economic meltdown and massive revolt via the US public exactly what we are criticized for doing. You see the Pentagon and agencies like theDepartment of Defense (DoD) are in full scale emergency readiness in their own words for cataclysmic events ... | |||
[[http://7spies.com/ | [[http://7spies.com/Pentagon-Prepping-for-Large-Scale-Economic-Breakdown-rcZJCM.html Pentagon Prepping for Large Scale Economic Breakdown]] | ||
[[http://'.GetDomainName().'/wk.html '.GetDomainName().' - news, stories, articles]] | [[http://'.GetDomainName().'/wk.html '.GetDomainName().' - news, stories, articles]] | ||
== | == State Department Spends $630,000 On Facebook Likes == | ||
Daniel G. J. Story Leak July 7, 2013 Somebody at the U.S. State Department must be feeling very lonely these days. The Washington Examiner reported that the departments Bureau of International Information Programs spent $630,000 to increase the number of likes that its Facebook pages received. The money was apparently spent on social media advertising campaigns designed ... | |||
[[http://7spies.com/- | [[http://7spies.com/-State-Department-Spends-630000-On-Facebook-Likes--iHNCMO.html State Department Spends $630,000 On Facebook Likes ]] | ||
[[http://'.GetDomainName().'/wk.html '.GetDomainName().' - news, stories, articles]] | [[http://'.GetDomainName().'/wk.html '.GetDomainName().' - news, stories, articles]] | ||
== | == Kenya vows no Somalia pullout after Shebab attack == | ||
Peter Martel AFP September 28, 2013 NAIROBI:Kenyahas vowed not to bow to Shebab threats of more attacks if troops are not pulled out of Somalia, following a devastating mall attack inNairobiby the Al-Qaeda-linked insurgents. We went toSomaliabecause Al-Shebab was a threat to national security We will continue to take action on that front until our security ... | |||
[[http://7spies.com/ | [[http://7spies.com/-Kenya-vows-no-Somalia-pullout-after-Shebab-attack--K10pyV.html Kenya vows no Somalia pullout after Shebab attack ]] | ||
[[http://'.GetDomainName().'/wk.html '.GetDomainName().' - news, stories, articles]] | [[http://'.GetDomainName().'/wk.html '.GetDomainName().' - news, stories, articles]] | ||
== | == Church Group Targeted By City For Feeding Homeless == | ||
A street ministry in Olympia, Washington focused on feeding the homeless is currently fighting attempts to have their work criminalized by the city. Ben Charles, founder of Crazy Faith Ministries, has fed the areas homeless population every Thursday and Saturday from the same parking lot for the last two years, handing out as many as 5,000 meals per month. Ben ... | |||
[[http://7spies.com/ | [[http://7spies.com/Church-Group-Targeted-By-City-For-Feeding-Homeless-8ZoZhl.html Church Group Targeted By City For Feeding Homeless]] | ||
[[http://'.GetDomainName().'/wk.html '.GetDomainName().' - news, stories, articles]] | [[http://'.GetDomainName().'/wk.html '.GetDomainName().' - news, stories, articles]] |
Revision as of 10:39, 16 October 2014
Electronic Surveillance — Title III Applications
The Application should meet the following requirements:
- It must be prepared by an applicant identified as a law enforcement or investigative officer. The application must be in writing, signed by the United States Attorney, an Assistant United States Attorney, and made under oath. It must be presented to a Federal district court or court of appeals judge and be accompanied by the Department's authorization memorandum signed by an appropriate Department of Justice official. The application may not be presented to a magistrate. See 18 U.S.C. §§ 2510(9) and 2516(1); see also In re United States of America, 10 F.3d 931 (2d Cir. 1993), cert. denied, 115 S. Ct. 64 (1994).
- It must identify the type of communications to be intercepted. "Wire communications" include "aural transfers" (involving the human voice) that are transmitted, at least in part by wire, between the point of origin and the point of reception, i.e., telephone calls. 18 U.S.C. § 2510(1). This includes cellular phones, cordless phones, voice mail, and voice pagers, as well as traditional land-line telephones. "Oral communications" are communications between people who are together under circumstances where the parties enjoy a reasonable expectation of privacy. 18 U.S.C. § 2510(2). An "electronic communication" most commonly involves digital-display paging devices or fax machines, but also includes electronic mail, computer transmissions, and, in some cases, satellite transmissions. It does not include tone-only paging devices, tracking devices (as defined by 18 U.S.C. 3117), or electronic funds transfer information. 18 U.S.C. § 2510(12).
- It must identify the specific Federal offenses for which there is probable cause to believe are being committed. The offenses that may be the predicate for a wire or oral interception order are limited to only those set forth in 18 U.S.C. § 2516(1). In the case of electronic communications, a request for interception may be based on any Federal felony, pursuant to 18 U.S.C. § 2516(3).
- It must provide a particular description of the nature and location of the facilities from which, or the place where, the interception is to occur. An exception to this is the roving interception provision set forth in 18 U.S.C. § 2518(11)(a) and (b). The specific requirements of the roving provision are discussed in USAM 9-7.111. Briefly, in the case of a roving oral interception, the application must show, and the court order must indicate, that it is impractical to specify the location(s) where oral communications of a particular named subject are to be intercepted. 18 U.S.C. § 2518(11)(a)(ii) and (iii). In the case of a roving wire or electronic interception, the application must state, and the court order must indicate, that a particular named subject is using various and changing facilities for the purpose of thwarting electronic surveillance. 18 U.S.C. § 2518(11)(b)(ii) and (iii). The accompanying DOJ document authorizing the roving interception must be signed by an official at the level of an Assistant Attorney General (including Acting AAG) or higher. 18 U.S.C. § 2518(11)(a)(i) and (b)(i).
- It must identify, with specificity, those persons known to be committing the offenses and whose communications are to be intercepted. In United States v. Donovan, 429 U.S. 413 (1977), the Supreme Court stated that 18 U.S.C. § 2518(1)(b)(iv) requires the government to name all individuals whom it has probable cause to believe are engaged in the offenses under investigation, and whose conversations it expects to intercept over or from within the targeted facilities. It is the Department's policy to name as potential subjects all persons whose involvement in the alleged offenses is indicated. See United States v. Ambrosio, 898 F. Supp. 177 (S.D.N.Y. 1995); United States v. Marcy, 777 F. Supp. 1400 (N.D. Ill. 1991); United States v. Martin, 599 F.2d 880 (9th Cir.), cert. denied, 441 U.S. 962 (1979).
- It must contain a statement affirming that normal investigative procedures have been tried and failed, are reasonably unlikely to succeed if tried, or are too dangerous to employ. 18 U.S.C. § 2518(1)(c). The applicant may then state that a complete discussion of attempted alternative investigative techniques is set forth in the accompanying affidavit.
- It must contain a statement affirming that the affidavit contains a complete statement of the facts--to the extent known to the applicant and the official approving the application--concerning all previous applications that have been made to intercept the oral, wire, or electronic communications of any of the named subjects or involving the target facility or location. 18 U.S.C. § 2518(1)(e).
- In an oral (and occasionally in a wire or electronic) interception, it must contain a request that the court issue an order authorizing investigative agents to make all necessary surreptitious and/or forcible entries to install, maintain, and remove electronic interception devices in or from the targeted premises (or device). When effecting this portion of the order, the applicant should notify the court as soon as practicable after each surreptitious entry.
- It should, when requesting the interception of wire communications, contain a request that the authorization and court order apply not only to the target telephone number(s) identified therein, but to any changed telephone number(s) subsequently assigned to the same cable, pair, and binding posts used by each targeted land-line telephone. With regard to a cellular telephone, the request should be that the authorization and order apply not only to any identified telephone number, but also to any changed telephone number or any other telephone subsequently assigned to the instrument bearing the same electronic serial number as the targeted cellular phone. The application should also request that the authorization apply to background conversations intercepted in the vicinity of the target phone while the phone is off the hook or otherwise in use. See United States v. Baranek, 903 F.2d 1068 (6th Cir. 1990).
- It must contain, when concerning the interception of wire communications, a request that the court issue an order directly to the service provider, as defined in 18 U.S.C. § 2510(15), to furnish the investigative agency with all information, facilities, and technical assistance necessary to facilitate the ordered interception. 18 U.S.C. § 2511(2)(a)(ii). The application should also request that the court direct service providers and their agents and employees not to disclose the contents of the court order or the existence of the investigation. Id.
- It should contain a request that the court's order authorize the requested interception until all relevant communications have been intercepted, not to exceed a period of thirty (30) days from the earlier of the day on which the interception begins or ten (10) days after ... \n
U.S. Ambassador Outs Powerful Totalitarian Cabal in Latin America
Alex Newman New American October 25, 2013 In a rare window into reality published by the establishment press, an explosive interview with a former U.S. ambassador appearing in theMiami Heraldoffered further confirmation of the largely behind-the-scenes machinations of apowerful network of socialist and communist forcesworking to foist tyranny on the peoples of Latin ...
[U.S. Ambassador Outs Powerful Totalitarian Cabal in Latin America ]
['.GetDomainName().' - news, stories, articles]
Pentagon Prepping for Large Scale Economic Breakdown
High level government documents reveal that the Pentagon is preparing in full force for large scale economic meltdown and massive revolt via the US public exactly what we are criticized for doing. You see the Pentagon and agencies like theDepartment of Defense (DoD) are in full scale emergency readiness in their own words for cataclysmic events ...
[Pentagon Prepping for Large Scale Economic Breakdown]
['.GetDomainName().' - news, stories, articles]
State Department Spends $630,000 On Facebook Likes
Daniel G. J. Story Leak July 7, 2013 Somebody at the U.S. State Department must be feeling very lonely these days. The Washington Examiner reported that the departments Bureau of International Information Programs spent $630,000 to increase the number of likes that its Facebook pages received. The money was apparently spent on social media advertising campaigns designed ...
[State Department Spends $630,000 On Facebook Likes ]
['.GetDomainName().' - news, stories, articles]
Kenya vows no Somalia pullout after Shebab attack
Peter Martel AFP September 28, 2013 NAIROBI:Kenyahas vowed not to bow to Shebab threats of more attacks if troops are not pulled out of Somalia, following a devastating mall attack inNairobiby the Al-Qaeda-linked insurgents. We went toSomaliabecause Al-Shebab was a threat to national security We will continue to take action on that front until our security ...
[Kenya vows no Somalia pullout after Shebab attack ]
['.GetDomainName().' - news, stories, articles]
Church Group Targeted By City For Feeding Homeless
A street ministry in Olympia, Washington focused on feeding the homeless is currently fighting attempts to have their work criminalized by the city. Ben Charles, founder of Crazy Faith Ministries, has fed the areas homeless population every Thursday and Saturday from the same parking lot for the last two years, handing out as many as 5,000 meals per month. Ben ...
[Church Group Targeted By City For Feeding Homeless]