Constitutional Law - Criminal Procedure - Eighth Circuit Court of Appeals Authorizes Forcible, Surreptitious Entry into Unoccupied Business Premises to Install Electronic Surveillance Device
Loading...
Authors
Harper, Mary Bastron
Issue Date
1977
Volume
10
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|In 1968 Congress enacted Title III of the Omnibus Crime Control and Safe Streets Act as a means of controlling interception of oral and wire communications. The Act regulates electronic surveillance by requiring prior court authorization and compliance with certain standards governing execution of the court order.|Despite the comprehensive nature of Title III, it does not outline the procedure to be followed when installing the electronic equipment. In United States v. Agrusa, the Court of Appeals for the Eighth Circuit held that a federal district court could authorize government agents to forcibly, and without prior notice, break and enter vacant business premises for the purpose of installing eavesdropping devices. To better understand the Agrusa court's analysis of this problem, knowledge of the judicial and legislative underpinnings of Title III is helpful...
Description
Citation
10 Creighton L. Rev. 761 (1976-1977)
Publisher
Creighton University School of Law