lawyer who beats wiretap cases

Who is the Attorney for the wiretaps?

At Haas Law, we have extensive experience defending clients in cases that involve federal investigations. If you have been the target of a wiretap investigation, let Attorney David Haas put his years of federal experience to work defending you and protecting your rights.

Are You being investigated through wiretapping?

Updated: May 27th, 2020. The Wiretap Act (18 U.S. Code § 2511) is a federal law aimed at protecting privacy in communications with other persons. Typically, when you think of a " wiretap ," the first thing that comes to mind is someone listening to your telephone calls. But the Act protects more than that.

Who has the right to wiretap in California?

Wiretap Investigation Cases The Wiretap Act refers to Title III of the Omnibus Crime Control and Safe Streets Act of 1968. The Act (as amended 3) has two purposes: a. Protect the privacy of Wire, Electronic, and Oral Communications. b. Setting a uniform basis for the circumstances and conditions under which the interception of Wire, […]

What are the defenses to a wiretap case?

An experienced and skillful attorney can often successfully challenge the wiretap evidence and have it excluded from the case, which can lead to a dismissal of the entire case. Kenneth H. Lewis has over 42 years of experience in challenging wiretaps, including one of the only wiretap cases to reach the California Supreme Court, People vs. Leon, which he personally argued before the …

What happens if you wiretap someone?

Using a wiretap, the police can intercept and listen to your cellphone calls, texts, messages, and obtain your GPS data. There is no investigative tool more intrusive or violative of your privacy than a wiretap. When the police wiretap your cellphone, the police do not invade your privacy, but they invade the privacy of everyone you speak with, whether it is your spouse, family, friends, or your business associates. Courts have likened this to having an “invisible policeman” in your bedroom, your office, your house. Let attorney Richard Rice at the Atlanta firm of The Rice Law Firm, LLC protect your rights in wiretapping charges.

Why do police need wiretaps?

Because a wiretap is so invasive, the rules and requirements the police must meet before a court will authorize a wiretap are more stringent and require more information than a traditional search warrant. Despite these additional requirements, the police have become more motivated than ever to obtain wiretaps in investigations. In the past, wiretaps were used only in drug investigations. Now, wiretaps are being used in other types of investigations, such as securities fraud and other white-collar fraud investigations. Wiretaps used to be used primarily by federal agents, but not state and local police departments are more frequently using wiretaps. However, in a rush to use wiretaps, the police do not always satisfy all the requirements to obtain a wiretap. Likewise, judges who are not experienced with reviewing and authorizing wiretaps will also fail to notice that the requirements have not been met. Frequent errors include the failure to establish “necessity” for the wiretap; establishing probable cause that the cellphone allegedly has been used to facilitate or conduct a crime in the past, but failure to establish probable cause that the cellphone will be used “in the future” – the period of time the wiretap actually will cover. There also are strict rules about terminating and sealing wiretaps, which can trip up police inexperienced with wiretaps.

Who is Richard Rice?

Richard Rice and The Rice Law Firm, LLC have unparalleled experience in wiretap cases. When Richard Rice was a federal prosecutor he obtained hundreds of federal wiretaps, more than pretty much any other federal prosecutor during that period of time. Since establishing The Rice Law Firm, Richard Rice has brought that knowledge and experience to defend and fight wiretap cases. In addition to the many clients he has defended in wiretap cases, Richard Rice is regularly hired by and consults with other criminal defense attorneys to fight the wiretaps in their cases.

Why do prosecutors use wiretaps?

In the age of increased surveillance and technology, prosecutors use wiretapping to gather evidence to use in court. 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.

What is wiretap law?

Wiretapping Laws. Wiretapping is when a third-party secretly monitors communications in order to investigate an involved party. The image that comes to mind most commonly is intercepted phone calls or recorded, in-person conversations.

What happens if you fail to comply with a wiretap warrant?

At the same time, wiretapping laws require investigators to jump through a series of procedural hoops, and if they fail to comply with the strict wiretap warrant requirements, it may lead to dismissal of the case.

What are some examples of techniques that law enforcement must first “exhaust” prior to obtaining a wiretap

Examples of techniques that law enforcement must first “exhaust” prior to obtaining a wiretap include: Trash rips (searching a suspect’s garbage); Physical surveillance; Cell phone surveillance (pen registry and trap and trace); Confidential informants; Utilization of tracking devices; Interception of mail;

What is a title 3 wiretap?

However, a title 3 wiretap is used to intercept and record actual live calls, texts or emails.

How long does a wiretap last?

Most wiretaps, however, remain in effect for longer than you would expect. Indeed, the average length of a wiretap is more than five weeks. In addition, a single wiretap order could result in thousands of intercepted communications.

What is wiretap statement?

If the application is for an extension to a previous application, a statement of the results to date. 3. Necessity or Exhaustion. Unlike other investigations, wiretaps have an extra layer and require a specialized warrant.

What is wiretap act?

How the Wiretap Act Protects Personal Privacy. The "Wiretap Act" is a federal law aimed at protecting your privacy in your communications with other people. Updated by Brian Farkas, Attorney. Updated: May 27th, 2020.

What devices can be used without violating the Act?

There are two exceptions for "devices" that can be used without violating the Act: Telephones and related equipment that are used by a subscriber in the ordinary course of business, including "extension" telephones. The idea here is to allow employers to listen in on employee conversations with customers.

Is listening in on a live telephone conversation illegal?

Generally, to be in violation of the Act, the interception has to take place at the same time the communication is made. So, for example, listening in on a live telephone conversation is an "interception," but accessing stored files on a computer is not. (Often, however, such activity is separately illegal.)

Can you use hearing aids for intercepting communications?

So, someone whose hearing is normal cannot legally use a hearing aid for the purpose of intercepting communications.

Is it illegal to use a device?

Under the Act, it is illegal to: through the use of a "device.". The Act provides criminal and civil penalties for violations, although it creates various exceptions to when interceptions and disclosures are illegal.

Can a wiretapper be liable for a crime?

So, if someone illegally intercepts a telephone communication in which the participants discuss their involvement in a crime, and give that information to a newspaper reporter, the wiretapper can be liable for violating the Act. This might seem strange, since the person was attempting to p ublicize a crime.

In What Type Of Cases Are Wiretaps Typically Used?

Usually they are employed in large drug cases where the government likes to claim that it cannot possibly make its case without using wiretaps. Often the government is simply taking the easy way out and using wiretapping as a first resort instead of a necessary resort.

What Government Agencies Typically Use Wiretaps?

The F.B.I. and D.E.A. often use wiretaps. However, multi-agency law enforcement groups that are assembled for special purposes often use wiretaps. This might be, for example, a special joint task force for Southern California where numerous police agencies join forces to combat the importation and sales of drugs.

How Is Wiretapping Evidence Challenged In Court?

Through a type of motion called a A Motion to Suppress. The legality of the wiretapping warrant, known as an application, is challenged on legal grounds.

Can An Ordinary Criminal Lawyer Effectively Handle A Wiretapping Case?

Probably not. Because wiretaps are not used very often by the government, due to the cost and difficulty in obtaining them, relatively few attorneys have experience in dealing with wiretaps. Fewer still have the motion writing and appellate skills that may ultimately spell the difference between success and failure.

Only Hire An Attorney Experienced In Handling Wiretap Cases

Kenneth H. Lewis was admitted to practice law in California in 1976. He has successfully handled numerous state and federal wiretap cases. He practices in front of all of the courts in the State of California.

What is the Federal Wiretap Act?

The Federal Wiretap Act was originally passed as Title III of the Omnibus Crime Control and Safe Streets Act of 1968 . These provisions were included, at least in part, as a result of concerns about investigative techniques used by the FBI and other law enforcement agencies that threatened the privacy rights of individuals.

Is the Bennett case the first case in which a plaintiff has argued that software on his or her computer that

As is often the case, technology is testing the boundaries of this nearly 50-year-old law. The Bennett case is not the first case in which a plaintiff has argued that software on his or her computer that reads the user’s behavior violates the Wire Act.

Is consent a defense to a claim of violating the Federal Wiretap Act?

Although consent is a recognized defense to a claim of violating the Federal Wiretap Act, for a variety of reasons, the court discredited the wife’s testimony regarding the purported consent and awarded damages and attorney’s fees to the husband plaintiff.