CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Sunday, October 27, 2013

"Federal Prosecutors, in a Policy Shift, Cite Warrantless Wiretaps as Evidence"

From the New York Times, as reported in FourthAmendment.com:

WASHINGTON — The Justice Department for the first time has notified a criminal defendant that evidence being used against him came from a warrantless wiretap, a move that is expected to set up a Supreme Court test of whether such eavesdropping is constitutional.

. . .

The New York Times reported on Oct. 17 that the decision by prosecutors to notify a defendant about the wiretapping followed a legal policy debate inside the Justice Department.

The debate began in June when Solicitor General Donald B. Verrilli Jr. discovered that the department’s National Security Division did not notify criminal defendants when eavesdropping without a warrant was an early link in an investigative chain that led to evidence used in court. As a result, none of the defendants knew that they had the right to challenge the warrantless wiretapping law.

The practice contradicted what Mr. Verrilli had told the Supreme Court last year in a case challenging the law, the FISA Amendments Act of 2008.

 

http://lawprofessors.typepad.com/crimprof_blog/2013/10/federal-prosecutors-in-a-policy-shift-cite-warrantless-wiretaps-as-evidence.html

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