Which article governs the need for a court order for online surveillance unless urgent?

Prepare for the KOPIA Criminal Procedure Test. Dive into comprehensive study material with flashcards and multiple-choice questions. Understand the nuances of criminal procedures and ace your exam with confidence!

Multiple Choice

Which article governs the need for a court order for online surveillance unless urgent?

Explanation:
The rule here centers on how electronic surveillance is overseen to balance privacy with security. In this framework, intercepting online communications normally requires a court order to ensure the action is justified and narrowly tailored. The article that governs this, including how an urgent situation can alter the usual requirement, is Article 100e. It establishes that online surveillance needs a court order, but provides for an urgent exception: when immediate action is necessary, investigators may proceed without the order up front, with the expectation that authorization will be obtained as soon as possible after the fact and the urgency will be reviewed. This framing helps explain why that article is the correct reference for the rule about needing a court order unless the situation is urgent.

The rule here centers on how electronic surveillance is overseen to balance privacy with security. In this framework, intercepting online communications normally requires a court order to ensure the action is justified and narrowly tailored. The article that governs this, including how an urgent situation can alter the usual requirement, is Article 100e. It establishes that online surveillance needs a court order, but provides for an urgent exception: when immediate action is necessary, investigators may proceed without the order up front, with the expectation that authorization will be obtained as soon as possible after the fact and the urgency will be reviewed. This framing helps explain why that article is the correct reference for the rule about needing a court order unless the situation is urgent.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy