Wiretaps In Florida Drug Cases

Can a criminal defense attorney challenge a wiretap in a drug case?

Wiretaps are the interception of telephone conversations and they are very common in narcotics investigations. How common? Approximately three-quarters of wiretap warrants issued in the United States each year are in connection with a drug investigation.

Over the past four decades, the courts have substantially broadened the powers of police in conducting wiretaps, and the passage of the Patriot Act in 2001 expanded those powers even more. Although the Patriot Act was ostensibly passed to combat terrorism, it provided law enforcement with long sought-after expansions in their ability to investigate common criminal offenses.

Just because wiretaps are more common that does not mean they are not subject to scrutiny by your defense attorney. If your phone was tapped during the course of a drug investigation, the information gathered by police may not be admissible if investigators didn’t follow the proper procedures. Also, if police used information garnered from an improper wiretap to obtain a search warrant, the warrant is also open to question. Our law firm will examine every aspect of a wiretap operation to determine the appropriate challenges.