WIRETAPPING
CASES ARE EXTREMELY COMPLICATED. YOU NEED AN ATTORNEY
THAT UNDERSTANDS THE COMPLEXITY OF THE WIRETAP STATUTES,
BOTH STATE AND FEDERAL
The government, both California
and Federal, has the right to wiretap in certain cases.
The law is very particular as to the circumstances
and procedures in which a legal wiretap can be obtained.
A Judge must approve of the wiretap warrant in advance,
and it must be limited in duration. If it is extended
in time, that must also be approved by the Judge.
An experienced and skillful attorney can often successfully
challenge the wiretap evidence and have it excluded
from the case, which can lead to a dismissal of the
entire case. Kenneth H. Lewis has over 30 years of
experience in challenging wiretaps, including one
of the only wiretap cases to reach the California
Supreme Court, People vs. Leon, which he personally
argued before the court in 2007.
IN WHAT TYPE OF CASES ARE WIRETAPS
TYPICALLY USED?
Usually they are employed in
large drug cases where the government likes to claim
that it cannot possibly make its case without using
wiretaps. Often the government is simply taking the
easy way out and using wiretapping as a first resort
instead of a necessary resort. An attorney skilled
in the law of wiretapping can challenge the government's
use of wiretapping in such a situation and hold its
feet to the fire.
WHAT GOVERNMENT AGENCIES TYPICALLY
USE WIRETAPS?
The F.B.I. and D.E.A. often
use wiretaps. However, multi-agency law enforcement
groups that are assembled for special purposes often
use wiretaps. This might be, for example, a special
joint task force for Southern California where numerous
police agencies join forces to combat the importation
and sales of drugs. They might have L.A.P.D., L.A.
Sheriffs, D.E.A. and F.B.I. agents working together
to solve cases. By pooling resources they can share
information and the time and expenses of setting-up
wiretap surveillances.
HOW IS WIRETAPPING EVIDENCE
CHALLENGED IN COURT?
Through a type of motion called
a Motion to Suppress. The legality of the wiretapping
warrant, known as an Application, is challenged on
legal grounds. For example, did the officers or agents
asking for the warrant tell the truth in their statements
contained in the application? Did they follow all
the specific rules required to obtain the warrant,
such as trying any reasonable investigative techniques
that would have forestalled the need for wiretapping?
CAN AN ORDINARY CRIMINAL LAWYER
EFFECTIVELY HANDLE A WIRETAPPING CASE?
Probably not. Because wiretaps
are not used very often by the government, due to
the cost and difficulty in obtaining them, relatively
few attorneys have experience in dealing with wiretaps.
Fewer still have the motion writing and appellate
skills that may ultimately spell the difference between
success and failure.
ONLY HIRE AN ATTORNEY EXPERIENCED
IN HANDLING WIRETAP CASES
Kenneth H. Lewis was admitted
to practice law in California in 1976. He has successfully
handled numerous state and federal wiretap cases.
He practices in front of all of the courts in the
State of California. He is also admitted to practice
before the United States Supreme Court, the United
States 9th Circuit Court of Appeals and the United
States Central District Court. He has argued before
the California Supreme Court in People vs. Leon, and
has appeared at counsel's table during the case of
California vs. Rooney, before the United States Supreme
Court.
No cost consultations are available.
Simply call, fax or e-mail at the numbers listed below.
Spanish speaking personnel are available for translating.
All discussions are strictly confidential.
LAW OFFICES
OF KENNETH H. LEWIS & ASSOCIATES
633 West Fifth Street, 26th Floor
Los Angeles, CA 90071
TELEPHONE:
213-624-4904
E-MAIL: Kenhlewis@losangeleslegaldefense.com
FAX: 213-623-7301
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