Criminal Defense
- Your Legal Rights
- Criminal Defense FAQs
- Civil Rights Violations/Police Brutality
- College Crimes
- Drug Crimes
- Drug Crimes FAQs
- When Does Drug Possession Become Drug Trafficking?
- Defenses to Drug Trafficking In Pennsylvania
- Conspiracy To Traffic Drugs
- Cocaine Crimes
- Drug Paraphernalia Charges
- Drug Possession Charges
- Heroin Crimes
- Intent To Deliver Charges
- Marijuana Crimes
- MDMA
- Meth Crimes
- Prescription Drug Crimes
- Fentanyl Drug Crime
- Student Drug Charges
- DUI/DWI/Impaired Driving Crimes
- DUI Basics
- Defending DUI cases
- First-Offense Penalties
- Penalties For Multiple DUI Convictions In Pennsylvania
- Driving Under The Influence Of Marijuana
- Driving Under The Influence Of Prescription Drugs
- Aggravated Assault While DUI
- Vehicular Homicide Via DUI
- Leaving The Scene Of An Accident
- State Of DUI Law After Birchfield
- Federal Crimes
- Computer And Internet Fraud
- Federal Drug Trafficking
- Federal Sex Offenses
- Federal Conspiracy
- White collar crimes
- Arrest, Indictment And Arraignment
- Gun Possession And Federal Drug Crimes
- Federal Tax Fraud
- Money Laundering
- Insider Trading
- Federal Sentencing Guidelines
- Federal Government Investigations
- Federal Crimes FAQs
- Federal Crimes Versus State Crimes
- Felony Charges
- Juvenile Crimes
- Pennsylvania Criminal Law Information
- Accelerated Rehabilitative Disposition (A.R.D.)
- Arrest Warrants
- Chester County Common Pleas Judges
- Chester County District Justices
- Federal Grand Jury
- Helpful Links
- Indicting Grand Juries
- Mandatory Sentencing Laws
- Montgomery County District Justices
- Pennsylvania Courts
- Preliminary Hearings
- Preliminary Arraignment
- Post-Conviction Related Issues
- Professional License Defense
- Representation Of Public Officials & Grand Jury Investigations
- Sex Crimes
- Sex Crimes FAQs
- What Constitutes A Sexual Offense?
- When Should I Call A Lawyer For A Sex Crime
- How To Avoid Conviction For A Sex Crime
- Sexual Assault
- Statutory Sexual Assault
- Indecent Assault
- Title IX Sexual Assault Defense
- Aggravated Indecent Assault
- Rape
- Involuntary Deviate Sexual Intercourse (IDSI)
- Indecent Exposure
- Prostitution
- Internet Sex Crimes
- Child Pornography
- False Allegations Of Child Sex Abuse
- Sex Crimes Against Minors
- Solicitation Of A Minor
- Corruption Of Minors
- Child Endangerment
- Children Youth And Families Investigations (CYS Investigations)
- Megan’s Law
- Statutory Rape
- Sex Crimes Involving Teachers
- Sex Crimes Trials
- Sexually Violent Predator Hearings
- Theft Crimes
- Violent Crimes
- Aggravated Assault Of An Unborn Child
- Pennsylvania Law On Self-Defense
- Domestic Violence Charges
- Protection from Abuse (PFA)
- Restraining Order Violations
- Murder
- What’s The Difference Between First- And Second-Degree Murder?
- First-Degree Murder
- Second-Degree Murder
- Third-Degree Murder
- Attempted Murder
- Manslaughter
- Terroristic Threats
- Weapons & Firearm Charges
- Kidnapping
- Communities Served
Civil Litigation
Personal Injury
- Personal Injury FAQs
- Auto Accidents
- Bicycle Accidents
- Car Accidents Involving Uninsured Drivers
- Drunk Driving Accidents/Dram Shop Liability
- Hit-And-Runs
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- Product Liability
- Slip-And-Fall Injuries
- Texting and Distracted Drivers
- Victims Of Crimes
- Victims Of Crimes FAQs
- What Are Crime Victim Rights in Pennsylvania
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
- Wrongful Death Lawsuits
Victims of Crime
- Victims Of Crimes FAQs
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
Professional License Defense
Communities Served
Deciding The Legality Of Police Wiretaps
One of the greatest tools law enforcement officers use in the war on drugs is their ability to tap/record conversations on individuals’ cellphones. Pursuant to Section 5709 of the Wiretapping and Electronic Surveillance Control Act, the police are permitted to obtain wiretaps on specific phone numbers if they are able to demonstrate to a judge that there is probable cause for belief that all the following conditions exist:
- The person whose communications are to be intercepted is committing, has or had committed or is about to commit certain offenses.
- Particular communications concerning such offenses may be obtained through such interception.
- Normal investigative procedures with respect to such offenses have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous to employ.
- The phone is leased to, listed in the name of or commonly used by the person under investigation.
However, information obtained by the government as a result of a wiretap can be challenged in court. A defendant may challenge a police wiretap if it can be shown that the information submitted by the government to the judge did not comply with the above requirements. Specifically, the defendant can challenge whether the government had probable cause to believe that the cellphone is commonly used by the defendant.
A defendant may allege that the police knowingly and intentionally or with a reckless disregard for the truth made false statements in securing the wiretaps. A defendant can argue that the government cannot and could not show that normal investigative procedures had been tried and failed or were likely to fail or were too dangerous to employ.
Finally a defendant may argue that the commonwealth continued its surveillance of the wires issued for a period longer than was necessary to achieve the objective of the authorization.
Criminal Defense
- Your Legal Rights
- Criminal Defense FAQs
- Civil Rights Violations/Police Brutality
- College Crimes
- Drug Crimes
- Drug Crimes FAQs
- When Does Drug Possession Become Drug Trafficking?
- Defenses to Drug Trafficking In Pennsylvania
- Conspiracy To Traffic Drugs
- Cocaine Crimes
- Drug Paraphernalia Charges
- Drug Possession Charges
- Heroin Crimes
- Intent To Deliver Charges
- Marijuana Crimes
- MDMA
- Meth Crimes
- Prescription Drug Crimes
- Fentanyl Drug Crime
- Student Drug Charges
- DUI/DWI/Impaired Driving Crimes
- DUI Basics
- Defending DUI cases
- First-Offense Penalties
- Penalties For Multiple DUI Convictions In Pennsylvania
- Driving Under The Influence Of Marijuana
- Driving Under The Influence Of Prescription Drugs
- Aggravated Assault While DUI
- Vehicular Homicide Via DUI
- Leaving The Scene Of An Accident
- State Of DUI Law After Birchfield
- Federal Crimes
- Computer And Internet Fraud
- Federal Drug Trafficking
- Federal Sex Offenses
- Federal Conspiracy
- White collar crimes
- Arrest, Indictment And Arraignment
- Gun Possession And Federal Drug Crimes
- Federal Tax Fraud
- Money Laundering
- Insider Trading
- Federal Sentencing Guidelines
- Federal Government Investigations
- Federal Crimes FAQs
- Federal Crimes Versus State Crimes
- Felony Charges
- Juvenile Crimes
- Pennsylvania Criminal Law Information
- Accelerated Rehabilitative Disposition (A.R.D.)
- Arrest Warrants
- Chester County Common Pleas Judges
- Chester County District Justices
- Federal Grand Jury
- Helpful Links
- Indicting Grand Juries
- Mandatory Sentencing Laws
- Montgomery County District Justices
- Pennsylvania Courts
- Preliminary Hearings
- Preliminary Arraignment
- Post-Conviction Related Issues
- Professional License Defense
- Representation Of Public Officials & Grand Jury Investigations
- Sex Crimes
- Sex Crimes FAQs
- What Constitutes A Sexual Offense?
- When Should I Call A Lawyer For A Sex Crime
- How To Avoid Conviction For A Sex Crime
- Sexual Assault
- Statutory Sexual Assault
- Indecent Assault
- Title IX Sexual Assault Defense
- Aggravated Indecent Assault
- Rape
- Involuntary Deviate Sexual Intercourse (IDSI)
- Indecent Exposure
- Prostitution
- Internet Sex Crimes
- Child Pornography
- False Allegations Of Child Sex Abuse
- Sex Crimes Against Minors
- Solicitation Of A Minor
- Corruption Of Minors
- Child Endangerment
- Children Youth And Families Investigations (CYS Investigations)
- Megan’s Law
- Statutory Rape
- Sex Crimes Involving Teachers
- Sex Crimes Trials
- Sexually Violent Predator Hearings
- Theft Crimes
- Violent Crimes
- Aggravated Assault Of An Unborn Child
- Pennsylvania Law On Self-Defense
- Domestic Violence Charges
- Protection from Abuse (PFA)
- Restraining Order Violations
- Murder
- What’s The Difference Between First- And Second-Degree Murder?
- First-Degree Murder
- Second-Degree Murder
- Third-Degree Murder
- Attempted Murder
- Manslaughter
- Terroristic Threats
- Weapons & Firearm Charges
- Kidnapping
- Communities Served
Civil Litigation
Personal Injury
- Personal Injury FAQs
- Auto Accidents
- Bicycle Accidents
- Car Accidents Involving Uninsured Drivers
- Drunk Driving Accidents/Dram Shop Liability
- Hit-And-Runs
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- Product Liability
- Slip-And-Fall Injuries
- Texting and Distracted Drivers
- Victims Of Crimes
- Victims Of Crimes FAQs
- What Are Crime Victim Rights in Pennsylvania
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
- Wrongful Death Lawsuits
Victims of Crime
- Victims Of Crimes FAQs
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
Professional License Defense
Communities Served