There are two ways to obtain a wiretap – also known as electronic surveillance – on U.S. persons (citizens and permanent residents), and both include the courts. For criminal investigations, the FBI can seek a warrant under Title III of the U.S. criminal code by showing a federal court that there is probable cause to believe the target has engaged, or is engaging in, criminal activity. This is a fairly high standard because of a strong presumption in favor of our Fourth Amendment right to privacy, and requires a showing that less intrusive means of obtaining the same information aren’t feasible.

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