Introduction

This chapter contains Department of Justice policy on the use of electronic surveillance. The Federal electronic surveillance statutes (commonly referred to collectively as "Title III") are codified at 18 U.S.C. § 2510,

et seq

. Because of the well-recognized intrusive nature of many types of electronic surveillance, especially wiretaps and "bugs," and the Fourth Amendment implications of the government's use of these devices in the course of its investigations, the relevant statutes (and related Department of Justice guidelines) provide restrictions on the use of most electronic surveillance, including the requirement that a high-level Department official specifically approve the use of many of these types of electronic surveillance prior to an Assistant United States Attorney obtaining a court order authorizing interception.

Chapter 7 contains the specific mechanisms, including applicable approval requirements, for the use of wiretaps, "bugs" (oral interception devices), roving taps, video surveillance, and the consensual monitoring of wire or oral communications, as well as emergency interception procedures and restrictions on the disclosure and evidentiary use of information obtained through electronic surveillance.

Attorneys in the Criminal Division's Electronic Surveillance Unit of the Office of Enforcement Operations are available to provide assistance concerning both the interpretation of Title III and the review process necessitated thereunder. The Electronic Surveillance Unit has developed for Department attorneys a user-friendly DOJNet site that contains training materials and sample Title III documents for review. Interceptions conducted pursuant to the Foreign Intelligence Surveillance Act of 1978, which is codified at 50 U.S.C. § 1801,

et seq.

, are specifically excluded from the coverage of Title III.

See

18 U.S.C. § 2511(2)(a)(ii), (2)(e), and (2)(f).

[revised January 2020]