ABSTRACT
A wiretap is an electronic recording device used to gather information as it passes through a communications circuit. In most cases, wiretaps have been used to record telephone conversations in secret. Wiretaps have been used to gather information sent by fax machines, e-mail, and cellular phones. Law enforcement officials use the information gathered through a wiretap for criminal prosecutions and for gathering foreign intelligence. The Fourth Amendment to the US Constitution protects individuals from unlawful searches and seizures. Neither police nor private citizens may conduct searches of a person's home or property without permission or probable cause. Wiretapping is one type of search that implicates a citizen's Fourth Amendment rights. States can regulate wiretaps only to the extent that the federal government gives them discretion. Of those states that have enacted legislation regarding wiretaps, few vary from the federal guidelines in any substantial way.
