Wiretaps

Wiretapping occurs when the listener (the government) places electronic equipment on telephone wires and uses this equipment to listen to conversations that take place on the telephone.  The use of wiretapping is closely regulated by a federal statute, Title III of the Omnibus Crime Control and Safe Streets Act of 1968.  There are four requirements (1) probable cause to believe that a specific individual has committed one of certain crimes listed in the statute (2) probable cause to believe that the intercept will furnish evidence about the crime (3) normal investigative procedures have been tried and fail or reasonably appear likely to fail or be dangerous and (4) probable cause to believe that the facilities where the intercept is to be made are being used in conjunction with the offense or are linked to the individual.

The police obtain a warrant for the wiretap of a phone belonging to a suspected terrorist, a British-born muslim doctor.  The warrant is for the wiretapping of a phone located in the doctor's private office.  The doctor is a psychiatrist.  A police officer, a former persecuted Iraqi Christian refugee, makes an appointment with the doctor for the purpose of infiltrating the doctor's office and installing the wiretap.  The police officer tells the doctor he is a fellow member of islam and feels comfortable confiding in a fellow Arab and would like the next available appointment.  The officer tells the doctor he is an airport worker, and he is very upset about the recent conspiracy by the US and Israeli governments to attack airports in Scotland and England which has been blamed on fellow members of the religion of peace.  He just cannot take it anymore.  The police officer shows up for his appointment the following week.  During the appointment the doctor goes to the restroom.  While the doctor is gone, the officer sneaks out of the treatment office and picks the lock to the doctor's private office.  The officer then plants the bug and sneaks back into the treatment room.  Constitutional violations?

Answer

No, once officials get a Title III judicial order authorizing bugging, they may make a covert entry into private premises to install the bug.  Dalia v. U.S.