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The request will include a description of who is going to be wiretapped and other specific details about the tap. The wiretap can last no more than 30 days at a time, and requires the prosecutor to file a new request with a federal judge if they want to continue listening in on your phone calls.
Wiretapping is one of the FBI's most sensitive techniques and is strictly controlled by federal statutes. It is used infrequently and only to combat terrorism and the most serious crimes.
The number of federal and state wiretaps reported in 2020 decreased 26 percent from 2019. A total of 2,377 wiretaps were reported as authorized in 2020, with 1,297 authorized by federal judges and 1,080 authorized by state judges.
It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given their prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping.
Wire taps are commonly used to investigate white collar crimes, homicide and kidnapping. However, the most common use of a title 3 wiretap is in the investigation and prosecution of the illegal drug trade.
Wiretaps require court approval A judge has to give permission because judges are concerned that the right of innocent people will be violated by the actions of the government agents.