Understanding "Probable Cause" in a Wiretap Investigation

When it comes to wiretap investigations, the concept of "Probable Cause" is a cornerstone for success. 

At Wiretap Consulting Services, our experienced wiretap expert witnesses have prepared and defended hundreds of wiretaps in Federal court. Additionally, we've conducted thorough wiretap reviews for defendants in both State and Federal courts.

Whether you're a prosecutor or defense attorney, grasping the nuances of Probable Cause is essential for navigating the complexities of wiretap cases.

What Is Probable Cause in a Wiretap?

According to the Federal Statute 18 USC 2518 (3) (a) and (b), Probable Cause in the context of a wiretap requires a judge to find reasonable grounds for believing that an individual is committing, has committed, or is about to commit a specific offense listed under section 2516. Additionally, there must be a strong belief that communications concerning that offense will be intercepted through the wiretap. The Department of Justice (DOJ) Criminal Resource Manual 92, which offers a checklist for federal law enforcement and prosecutors, emphasizes that Probable Cause hinges on evidence that the target phone is being used to facilitate and commit crimes.

Probable Cause in Real-Life Investigations

In practice, establishing Probable Cause in wiretap investigations requires showing that a specific individual is using the target phone to commit a crime. This is often achieved by having a Confidential Source or Informant make a monitored and recorded telephone call over the target phone, under law enforcement's direction. While this process seems straightforward, it's not always conducted correctly, which can lead to questionable wiretaps.

Examples of Questionable Probable Cause in Wiretap Investigations

Here are a couple of real-life examples where the stated Probable Cause in wiretap cases was questionable:

Case #1: Distribution of Illegal Pain Pills Conspiracy
In this state investigation, a doctor and his wife were accused of running a pain pill operation. The Probable Cause for the wiretap was based solely on a Confidential Source showing their phone's contact list to another person, which included the target's name and number. However, there was no law enforcement corroboration. As wiretap expert witnesses, we determined that this Probable Cause was insufficient and could have been strengthened with a monitored and recorded call.

Case #2: Human Trafficking/Massage Parlor Conspiracy
This investigation focused on an individual suspected of operating illicit massage parlors. The state claimed Probable Cause based on law enforcement observing the target look at his phone during surveillance. However, there were no monitored calls, phone records, or cell site data to support the claim. The evidence was flimsy at best, as there was no confirmation that the target was even using the specific phone in question.

Conclusion

Every wiretap investigation is unique, and the Probable Cause required to justify a wiretap varies by case. At Wiretap Consulting Services, our experienced wiretap expert witnesses leverage their extensive background in prosecuting and defending wiretap cases to ensure that Probable Cause is thoroughly examined and appropriately established.

If you need expert guidance in evaluating Probable Cause in a wiretap case, don't hesitate to contact us at Wiretap Consulting Services. Let our expertise as wiretap expert witnesses help you secure the best possible outcome for your case.