Nearly a half-century ago, Congress enacted Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (Title III), 18 U.S.C. §2510 et seq., to establish a comprehensive scheme for the regulation of wiretapping and electronic surveillance. “To safeguard the privacy of innocent persons,” Title III prohibits all wiretapping and electronic surveillance except that conducted by duly authorized law enforcement officers under narrowly prescribed conditionsincluding a showing that normal investigative procedures have failed or are likely to fail.1
Against this backdrop, consider the following: between 2001 and 2010, while there were 19,282 wiretaps authorized, only three wiretap applications were denied. Similarly remarkable is that of all intercept applications made during 2010, only one was denied.
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