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Title III of the Omnibus Crime Control and Safe Streets Act, 18 U.S.C. 2510-2520, authorizes the use of electronic surveillance for classes of crimes carefully specified in 18 U.S.C. 2516. Such surveillance is subject to prior court order. Section 2518 sets forth the detailed and particularized application necessary to obtain such an order as well as carefully circumscribed conditions for its use. The Act represents a comprehensive attempt by Congress to promote more effective control of crime while protecting the privacy of individual thought and expression.


Much of Title III was drawn to meet the constitutional requirements for electronic surveillance enunciated by the Court in Berger v. New York, 388 U.S. 41 (1967), and Katz v. United States, 389 U.S. 347 (1967). Together with the elaborate surveillance requirements in Title III, there is the following proviso, 18 U.S.C. 2511 (3): 'Nothing contained in this chapter or in section 605 of the Communications Act of 1934 (48 Stat. 1143; 47 U.S.C. 605) shall limit the constitutional power of the President to take such measures as he deems necessary to protect the Nation against actual or potential attack or other hostile acts of a foreign power, to obtain foreign ...

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