Wiretap Report 2012 Summary and Analysis
Wiretap Report 2012 Summary and Analysis
Summary and Analysis of Reports by Judges
The number of federal and state wiretaps reported in 2012 increased 24 percent from 2011. A total of 3,395 wiretaps were reported as authorized in 2012–1,354 authorized by federal judges and 2,041 by state judges. Compared to the applications approved during 2011, the number approved by federal judges increased 71 percent in 2012, and the number approved by state judges rose 5 percent. Two state wiretap applications were denied in 2012.
In 24 states, a total of 120 separate local jurisdictions (including counties, cities, and judicial districts) reported wiretap applications for 2012. Applications in California, New York, and Nevada accounted for 69 percent of all applications approved by state judges. Seventy-seven federal jurisdictions submitted reports for 2012. The Northern District of Illinois authorized the most federal wiretaps (90), approximately 7 percent of total applications approved by federal judges.
Federal and state judges authorized 716 and 130 wiretaps, respectively, for which the AO received no corresponding data from prosecuting officials. Wiretap Tables A-1 and B-1 (available online after July 15, 2013) contain information from all judge and prosecutor reports submitted for 2012. The entry "NP" appears in these tables whenever a prosecutor's report was not submitted. Some of the prosecutors' reports were received too late to include in this document, and some prosecutors may have delayed filing reports to avoid jeopardizing ongoing investigations. Information about these wiretaps will appear in future reports.
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Intercept Orders, Extensions, and Locations
Table 2 presents the number of intercept orders issued in each jurisdiction that provided reports, the number of extensions granted, the average lengths of the original periods authorized and any extensions, the total number of days in operation, and the categories of the locations of the communications intercepted. Most state laws limit the period of surveillance under an original order to 30 days. This period, however, can be lengthened by one or more extensions if the authorizing judge determines that additional time is justified.
During 2012, the average length of an original authorization was 30 days, one day longer than the average length in 2011. In total, 1,932 extensions were requested and authorized in 2012, an increase of 9 percent. The average length of an extension was 29 days. For federal intercepts terminated in 2012, the longest intercept occurred in the Western District of Washington, where the original order was extended five times to complete a 180-day wiretap used in a narcotics investigation. The longest state wiretap, used in a narcotics investigation conducted by Queens County, New York, was employed for a total of 580 days. The second-longest state wiretap, also in Queens County, was used in a usury investigation for a total of 564 days.
The most frequently noted category of location in wiretap applications was "portable device," a category that includes cellular telephones and digital pagers. In recent years, the number of wiretaps involving fixed locations has declined as the use of mobile communications, including text messaging from cellular telephones, has become increasingly widespread. In 2012, 97 percent (3,292 wiretaps) of all authorized wiretaps were designated as portable devices.
Prosecutors, upon a showing of probable cause to believe that the party being investigated is avoiding intercepts at a particular site, may use "roving" wiretaps to target specific persons by using electronic devices at multiple locations rather than a specific telephone or location (see 18 U.S.C. § 2518(11)). In 2012, two federal wiretaps and five state wiretaps were designated as roving.
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Criminal Offenses
Drug offenses were the most prevalent type of criminal offenses investigated using wiretaps. Table 3 indicates that 87 percent of all applications for intercepts (2,967 wiretaps) in 2012 cited illegal drugs as the most serious offense under investigation. Homicide, the second-most frequently cited crime, was specified as the most serious offense in more than 3 percent of applications. Racketeering, the third-most frequently cited crime, was specified in less than 3 percent of applications. Many applications for court orders revealed that multiple criminal offenses were under investigation, but Table 3 includes only the most serious criminal offense listed on an application.
http://www.uscourts.gov/Statistics/WiretapReports/wiretap-report-2012.aspx
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