MSLAW Blog

Comparison – Criminal Law and Procedure EC 1

September 2016 |  by Mick

Fall 2016 Comparison Criminal Law and Procedure Extra Credit Audio #1

Click to stream, right click to download (Save As). You must comment to receive credit for this assignment.

Listen Here  Chapter 4 – Electronic Surveillance and Secret Agents (Keyed to Emmanuel Bootcamp for the MBE)

54 thoughts on “Comparison – Criminal Law and Procedure EC 1

  1. Wendy Alterno

    This lecture covered Chapter 4 and the wiretapping and bugging techniques used to record conversations. Wiretapping places electronic equipment on telephone wires to record phone conversations and bugging is placing a microphone at or near a place to listen directly to the conversation. Both wiretapping and bugging constitute 4th Amendment searches and must satisfy requirements of probable cause and warrant if the conversation is intercepted and the person had a reasonable expectation of privacy. But on the federal level, where one party consents to the conversation there is no 4th Amendment problem. In Mass, both or all parties must consent to the conversation being recorded or it violates their 4th Amendment rights and can’t be used at a criminal trial.
    Also, the use of secret agents was discussed, who may be bugged or unbugged, does not constitute 4th Amendment violation on the federal level if the target is aware that the person is present, the fact that he is an informer does not matter and with his consent, conversation may be recorded. In Mass, the consent from all parties is required to record. The use of bugged or unbugged agents against a person already indicted may violate their 6th Amendment right to counsel and not be used at trial.

    Reply
  2. Paul McCarthy

    Dear Prof. Rodriquez;
    Your coverage of topic following this new text was crystal clear. No doubt, you spend much time talking to students and juries.
    Thank you.
    Sincerely,
    Paul McCarthy

    Reply
  3. Eileen Connolly

    The audio recording for chapter 6 clarified a Defendant’s 4th & 5th Amendment rights. This was a helpful review. I especially found the Marini’s case interesting.

    Reply

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