In order for the police to obtain a wiretap, they must demonstrate several things to a Superior Court Judge in their affidavits and Court filings. Read more about Police Wiretaps here Specifically, in order for the government to get a wiretap on a phone that they believe is being used in drug sales, the Government must show:
First, that the Government had probable cause to believe that particular communications concerning drug offenses may be obtained through interception of a cell phone allegedly possessed by a Target.
Second, that the Government had probable cause to believe that the cell phone from which oral communications are to be intercepted, is, has been, or is about to be used in connection with the commission of a drug offense.
Third, that the Government had probable cause to believe that the phone to be intercepted is owned or used by the Target
Fourth, the police must also show that they either unsuccessfully exhausted all other less intrusive means of investigation, or that those other means are too dangerous to try. (What this means is the police believe that normal investigative techniques, such as a controlled by of drugs from a target is too dangerous or won't work).
Challenging the Police Wiretaps
An accused can challenge a wiretap obtained by the police by arguing that the government did not make out the above requirements in their filings to the Superior Court. Specifically, an accused should argue that the government did not have probable cause to believe that the accused was involved in drug transactions, using his cell phone to make drug transactions, that the cell phone intercepted was his and that normal investigative techniques would not work. Additionally, an accused can also argue that the government intercepted a cell phone for a period longer than was necessary for them to discover the extent of the illegal drug transactions. Learn more about the sale of narcotics here