Peer Response HSE 400
Zebedee: Q: As an investigator you encounter or are handed a case (either one is fine) dealing with national security. It appears there may be a terrorist cell or organization operating within your jurisdiction. Describe what procedures you would need to take pertaining to surveillance and wire-tapping. How would you go about investigating the individuals you believe are terrorist without violating any part of Title III or the Patriot Act? Describe how and why you would do want needed to be done for a sound investigation.
A: The first step as an investigator handing a case with the possibility of a terrorist cell operating within my jurisdiction is obviously gonna be wiretapping I’m gonna want to gather as much information as I can the problem is I have to do it the right way under the umbrella of Title 3 of the Omnibus Crime Control and Safe Streets Act of 1968. This Act outlines procedures for obtaining warrants to authorize wiretapping government officials. So the first step to getting permission I have to plead my case to a Federal Judge if my probable cause is backed by enough evidence that a wiretap will reveal more evidence that a crime is taking place I will be issued a warrant authorizing the interception of communications for up to 30 days. Within those 30 days I have to be able to pull through and obtain any information that I can that includes telephone records such as text and emails, oral wiretapping, and cell tower location updates. With this I should be well within the legal limits of the Patriot act and Title 3. It gets tricky when I have to piece together this possible terrorist cell with other insurgents because if this leads me to a bigger plot or more people I have to get warrants for multiple subjects.
Henry: If there was a suspected terrorist organization operating in my jurisdiction the first thing, I would do would be to survey the suspected area of operation. This process could take some time, but it would be useful to see if a suspected enemy combatant could be identified based on their activities and places they frequent. This would also allow time to gain probable cause for a wiretap in the suspected area. As far as investigating individuals, knowing places they frequent allows one to gather information from people they are seen communicating with. Finding out background information is important in terms of learning what type of individuals are associating with each other. It is possible to catch them in the act of a minor crime which would allow them to be arrested and questioned about their whereabouts without violating Title III or the Patriot Act. Information extracted from them could also be utilized in the probable cause to obtain a warrant. I would want all the proper channels crossed during an investigation so that the wiretapping or surveillance would not be deemed illegal and be suppressed in a court case against the suspects.
References:
Dahda v. U.S. Roosevelt Rico Dahda, 138 S. Ct. 1491, 200 L. Ed. 2d 842 (2018) ( https://www.supremecourt.gov/DocketPDF/17/17-43/22106/20171130135510500_17-43ts.pdf n.d.).
Must be 100 words
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