JUDGE SAYS NO 'TWO-MINUTE RULE' WHEN LISTENING IN ON PERSONAL PHONE CALLS

FBI Believes That a Two-Minute or Less Conversation can be Listened to in its Entirety Even if it has Nothing to do With the Investigation at Hand.

Image by tom1 at freeimages.com

Mark Hamblett from the New York Law Journal reports the U.S. Court of Appeals for the Second Circuit declined to adopt a rule that FBI agents get a “two-minute presumption” on the reasonableness of wiretapping calls that are personal in nature. The ruling in Drimal v Makol, et al. undercuts the FBI’s assumption that all calls under two minutes in length can be listened to in their entirety, no matter their relevance to ongoing investigations. However, the ruling cannot be applied broadly to other FBI wiretapping efforts. The court in Drimal v Makol, et al. says that there is no such two-minute rule and that, particularly in a case like this one, it often should be obvious after only a few seconds - either because of the content or because of the identity of the parties - that listening must stop.

Read More About This Article

SaveSaveSave

SIGN UP

FOR TECH NEWS IN & OUT OF THE COURTROOM
RECENT POSTS

DIGITAL

FORENSICS

SITEMAP

ABOUT CORNERSTONE DISCOVERY

The Tech Gazette is an e-Newsletter and blog containing technology news for the Legal Community. Content is written by Cornerstone Discovery employees and industry colleagues. Start following us today!

STAY CONNECTED

  • White Twitter Icon
  • White Facebook Icon
  • White Google+ Icon
  • White LinkedIn Icon

CONTACT INFO

4775 League Island Blvd.
Philadelphia, PA 19112

(267) 639-6900

info@cornerstonediscovery.com

FORENSIC CERTIFICATIONS