Law enforcement often uses wiretaps in white-collar crime investigations, especially for insider trading. But can the government legally monitor your phone calls if they suspect this offense in Georgia? The answer depends on how officers handle the process and whether they follow both state and federal rules.
When authorities can use wiretaps
Federal and Georgia law both allow wiretaps, but only under strict conditions. Investigators must obtain a court order and prove probable cause that a serious crime, like insider trading, takes place. In Georgia, the Georgia Wiretap Act requires a judge’s approval and limits the scope and duration of surveillance. Without this approval, courts reject recorded conversations as evidence.
What makes a wiretap legal or illegal
To keep a wiretap legal, investigators must clearly explain why other methods won’t work. The application must list phone numbers, communication types, and the time frame. Courts in Georgia closely review these requests. If law enforcement steps outside the approved limits even once, courts reject all recordings.
How wiretap evidence affects insider trading cases
Wiretap evidence can seem powerful in court, but it doesn’t always seal the deal. Defense teams challenge how investigators obtained the recordings or argue that someone took conversations out of context. If a judge finds that a wiretap order didn’t meet legal standards, the court often weakens the case. In Georgia, the defense often challenges whether the court order was too broad or lacked solid justification.
What to consider if you’re under investigation
If you suspect law enforcement is recording you, you should understand your rights. Officers must follow specific procedures. Just because someone hears your voice on a wiretap doesn’t mean that the evidence holds up. You have the right to question every step of how they obtained that recording.
