Practice Areas

Challenging Wiretapping

Challenging Illegal Wiretapping in Court

Sherman & Sherman Law

Electronic surveillance is at an all-time high. Every year more phone wiretap authorizations are granted. Many of these authorizations are illegally obtained.

Sherman & Sherman is one of the very few law firms in the country with experience and expertise in this area. If you suspect evidence against you resulted from illegal wiretapping, contact us at our Santa Monica office today.

Firm founder, Victor Sherman is currently challenging the secret and indiscriminate wiretapping of over 100,000 California residents conducted by the Los Angeles County District Attorney and law enforcement agencies in Southern California over the past decade. In addition, our newest attorney, Reed Amos, has specialized in federal wiretap law.

Currently, law enforcement authorities may obtain wiretaps under the Title III Wiretap Statute and under the provisions of the Foreign Intelligence Surveillance Act (FISA). The more recent USA Patriot Act has affected these underlying pieces of legislation.

For the government or law enforcement agency to obtain a wiretap legally they must show, at a minimum:

• Sufficient cause to believe that the intended target is engaged in illegal activity
• That all other normal investigative approaches have been exhausted
• That the type of information they seek is not likely to be obtained in any other way
• The length of time the surveillance will be required

Specific requirements will vary from case to case, but more and more, evidence gained from these surveillance techniques is being challenged and ruled inadmissible in court.

The lawyers at Sherman & Sherman Law are adept at challenging both the initial probable cause and the prosecution’s contention that all other reasonable methods have been exhausted. In addition, we are also keenly aware of when, where, and how the government oversteps its bounds.

If the evidence being used against you in a criminal proceeding has been obtained through the use of wiretapping, that evidence may not be admissible. Our attorneys can help challenge wiretap evidence. To find out if we can assist you, contact us at our Santa Monica office today.