> >From: "Baker, Stewart" <[EMAIL PROTECTED]> > >To: "'Declan McCullagh'" <[EMAIL PROTECTED]>, [EMAIL PROTECTED], > > [EMAIL PROTECTED] > >cc: "Albertazzie, Sally" <[EMAIL PROTECTED]>, > > "Baker, Stewart" <[EMAIL PROTECTED]> > > > > > >Declan, > > > >I ignored the first two points because I don't think they're > that important. > >These "warrantless searches" are emergency orders that have to > be followed > >by a court order in 48 hours. Sometimes courts are closed and > the cops need > >data right away. Tuesday evening would be a good example. This > is not some > >out-of-control police authority. > > > >The people who can ask for emergency orders have to be > designated by one of > >several officials at Main Justice. That's to make sure someone > responsible > >ends up with the authority to declare an emergency. So an assistant US > >attorney could be designated by Main Justice in each district right now. > >What's the big deal with letting the US Attorney for the district do the > >designating instead of Main Justice? Seems to me that the US Attorney > >probably knows more about staff changeovers than Main Justice, > so it makes > >sense for the US Attorney to do the designating locally. > > > >Stewart > See the following portion of a recent TX bill, proposed in June. Offered for comparative purposes against the "new and improved" 3125. http://www.capitol.state.tx.us/tlo/billsrch/subject/77r/S1087.HTM Sec. 8A. EMERGENCY INSTALLATION AND USE OF INTERCEPTING 4-6 DEVICE. (a) The prosecutor in a county in which an electronic, 4-7 mechanical, or other device is to be installed or used to intercept 4-8 wire, oral, or electronic communications shall designate in writing 4-9 each peace officer in the county, other than a commissioned officer 4-10 of the Department of Public Safety, who: 4-11 (1) is a member of a law enforcement unit specially 4-12 trained to respond to and deal with life-threatening situations; 4-13 and 4-14 (2) is authorized to possess such a device and 4-15 responsible for the installation, operation, and monitoring of the 4-16 device in an immediate life-threatening situation. 4-17 (b) A peace officer designated under Subsection (a) or 4-18 under Section 5(b) may possess, install, operate, or monitor an 4-19 electronic, mechanical, or other device to intercept wire, oral, or 4-20 electronic communications if the officer: 4-21 (1) reasonably believes an immediate life-threatening 4-22 situation exists that: 4-23 (A) is within the territorial jurisdiction of 4-24 the officer or another officer the officer is assisting; and 4-25 (B) requires interception of communications 4-26 before an order authorizing the interception can, with due 5-1 diligence, be obtained under this section; 5-2 (2) reasonably believes there are sufficient grounds 5-3 under this section on which to obtain an order authorizing the 5-4 interception; and 5-5 (3) obtains from a magistrate oral or written consent 5-6 to the interception before beginning the interception. 5-7 (c) A magistrate may give oral or written consent to the 5-8 interception of communications under this section. 5-9 (d) If an officer installs or uses a device under Subsection 5-10 (b), the officer shall: 5-11 (1) promptly report the installation or use to the 5-12 prosecutor in the county in which the device is installed or used; 5-13 and 5-14 (2) within 48 hours after the installation is complete 5-15 or the interception begins, whichever occurs first, obtain a 5-16 written order from a judge of competent jurisdiction authorizing 5-17 the interception. 5-18 (e) A judge may issue an order authorizing interception of 5-19 communications under this section during the 48-hour period 5-20 prescribed by Subsection (d)(2). If an order is denied or is not 5-21 issued within the 48-hour period, the officer shall terminate use 5-22 of and remove the device promptly on the earlier of the denial or 5-23 the expiration of 48 hours. 5-24 (f) The state may not use as evidence in a criminal 5-25 proceeding any information gained through the use of a device 5-26 installed under this section if authorization for the device is not 6-1 sought or is sought but not obtained. ============================================================================ ~Aimee