Defendant Motion or Discovery Request for Disclosure of Defendant Overhearings and Attorney Overhearings

In response to a defendant's motion or discovery request alleging unlawful electronic surveillance of the defendant, the government should ask the court to require the defendant to provide descriptive biographical data and a specific time period within which the alleged surveillance was conducted, in order to assist government agencies in making an accurate and expeditious identification of any surveillance activity. It is important to keep in mind that it is the province of either the court or the defendant to establish the parameters of the time period to be searched. If the government is unsuccessful in persuading either the defendant or the court to limit the time period of the search, the search conducted will encompass the time frame from the date of the motion or order to as far back as records exist. This is a very costly and time-consuming process, which should be avoided, if possible, by procuring a narrow time limit for the search.

[updated April 2020]