Video Surveillance—Closed Circuit Television—Department of Justice Approval Required When There Is A Reasonable Expectation of Privacy

Pursuant to Department of Justice Order No. 985-82, dated August 6, 1982, certain officials of the Criminal Division have been delegated authority to review requests to use video surveillance for law enforcement purposes when there is a constitutionally protected expectation of privacy requiring judicial authorization. This authority was delegated to the Assistant Attorney General, any Deputy Assistant Attorney General, and the Director and Associate Directors of the Office of Enforcement Operations.

When court authorization for video surveillance is deemed necessary, it should be obtained by way of an application and order predicated on Fed. R. Crim. P. 41(b) and the All Writs Act (28 U.S.C. § 1651). The application and order should be based on an affidavit that establishes probable cause to believe that evidence of a Federal crime will be obtained by the surveillance. In addition, the affidavit should comply with certain provisions of the Federal electronic surveillance statutes.

Department policy requires that the video surveillance application and order be filed separately from, and not incorporated in, an application and order for electronic surveillance pursuant to 18 U.S.C. § 2518. When appropriate, the same affidavit may be submitted in support of both applications/orders.

[updated January 2020]