Posted: August 9th, 2022

Police as Intelligence Collectors and Wiretap Statute

Computer Sciences and Information Technology
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Police as Intelligence Collectors and Wiretap Statute
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1. Assignment help – Discuss and explain the inherent conflicts associated with police as intelligence gatherers.

2. Explain the Wiretap Statute and the Electronic Communications Privacy Act. Find and cite a case in which a person(s) is charged with abuse of either the Wiretap Statute or the Electronic Communications Privacy Act. Please give your opinion on whether you agree or disagree with the verdict or charges. (Use Findlaw or other online search engines to find case law).
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Police as Intelligence Collectors and Wiretap Statute
Assignment help – Discuss and explain the inherent conflicts associated with police as intelligence gatherers
The intention of police as intelligence gatherers is based on the government’s legitimate need for information and individual right and privacy. In the United States, the federal protect persons from excessive or improper intrusion in their private life in the name of national security. The police’s intelligence-gathering role intends to obtain information that is not publicly available, creating conflicts with the rights of persons. Some of the conflicts associated with police as intelligence gathers include the non-consenting activities that violate the first and fourth amendments (Civiletti, 1980). The first amendment protects the individual from providing their knowledge regarding foreign governments in political activities; however, the police in need of certain information may compel a person to provide information about such protected activities. The fourth amendment protects persons against unreasonable searches and seizures. However, in other circumstances, where acquiring the needed warrant does not fit, the police as intelligence gathers are forced to go against the one’s fourth amendment rights to obtain the information in pursuing.
Explain the Wiretap Statute and the Electronic Communications Privacy Act.
Electronic Communications Privacy Act (ECPA) of 1986 prohibits the actual intentional r attempted interception, disclosure, use of any other person to intercept or endeavor to intercept any wire, electronic, or oral communication. The Act also prohibits the use of communication obtained illegally as evidence. One of the cases associated with the ECPA is that of Seal v. State, No. 131, (Md. Ct. Spec. App. Dec. 8, 2017) (“DAVID GLENN SEAL v. STATE OF MARYLAND”). The charges were brought against Seal for a sexual offense in the first or second degree he had committed to Copeland when he was young (Find Law, 2020). The evidence brought to court was a telephone conversation between Copeland and Seal where Seal had incriminated himself. Upon appeal, the Court of Appeals of Maryland examined if the phone call recording were made under a law enforcement officer. The court determined that the absence of a supervising officer during the telephone conversation interfered with the Maryland Wiretap Act. The court decision on the case was right as lack of supervision made the recording unlawful.

References

Civiletti, B. (1980). Intelligence Gathering and the Law: Conflict or Compatibility? Fordham Law Review. 48(6). https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2406&context=flr
Find Law. (2020). SEAL v. STATE. Reprieved from https://caselaw.findlaw.com/md-court-of-appeals/1730297.html

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