Wiretapping Investigation, Research, Education, and Defense
"For good or for ill, [the Government] teaches the whole people by its example. Crime is contagious.
If the Government becomes a lawbreaker, it breeds contempt for law."
(Katz v. United States (1967) 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576.)
Class Habeas Corpus Proceedings
Alleged the Los Angeles County District Attorney was violating the State and Federal Wiretap Acts by failing to provide notice of
wiretaps and failing to produce wiretap
PETITION:
Class Petition for Writ of Habeas Corpus
Supplemental P & A in Support of Writ
Traverse (Summarizes All Allegations, D.A. Responses, and Evidence.)
DA Return Admissions, Denials, and Apologies. Alleged to be an "Administrative Oversight"
COURT RULINGS AND ORDERS ON CLASS PETITION:
D.A. Ordered to comply with notice and production requirements of the wiretapping law !
DA VIOLATIONS:
Affidavit alleges DA violated court's order to provide notice and production to all defendants whose criminal investigations in any way involved wiretapping and requested alternative enforcement of orders. Los Angeles County Public Defender's Office was joined by the Alternate Public Defender's Office, over 50 Private Attorneys, the National Lawyers Guild, and the National Conference of Black Lawyers, and the L.A. Criminal Courts Bar Association.
Affidavit Alleging DA Violated Court Orders
D.A. Unverified Response To Allegations of Violations
Objections and Rebuttal to DA Response
D.A. Supplemental Response
Judge Fidler clarified his previous order with respect to standing and the DA's duty to "investigate." The District Attorney was ordered to meet and confer with Public Defender, Alternate Public Defender, and Roger Rosen, designated as representative for the private bar, and to facilitate compliance with court orders to produce pursuant to Penal Code section 629.70 prior to the December 1, 1999, hearing date.
However, the DA's Office have taken the position that they will only provide discovery in these proceedings to the Public Defender's Office and such discovery will be limited to the Atel and Downey Wiretap Operations.
The hearing on the DA's Violations will begin December 16, 1999, in Department 100 at 10:30 AM.
All Attorneys who have joined this action should contact the Public Defender's Office at
(213) 974-3001 prior to December 16, 1999, or meet attend the hearing on December 16th.
LITIGATION IN INDIVIDUAL WIRETAP CASES
DISCOVERY RELATED MOTIONS:
Public Defender Discovery Motion
Demand for Disclosure of Wiretap
Motion to Exclude Wiretap Evidence Without Notice Production Evidence Code §402
OPPOSITIONS TO IN CAMERA HEARINGS:
Opposition to in Camera Hearing
New Opposition to D.A. Request for Ex Parte/ In Camera Hearing
MOTIONS TO DISMISS:
Failure to Comply with Prior Production Penal Code § 995
Reply to People's Opposition
Sealing Requirements Destruction of Wiretap Evidence
We now know that tapes from the Atel Wiretap Operation have been unsealed and in some cases completely destroyed. According to State and Federal Wiretap Acts, as well as US Supreme Court decision, suppression of all derivative evidence is required.
Petitions for Writ of Mandate:
Brief Overview of Wiretap Laws
Los Angeles Public Defender 1998 Wiretap Report (Older report but has different information.)
Results of Federal Government's Public Opinion Poll on Wiretapping
WIRETAPPING - IMPACT ON COMMUNITY
Public Telephones
Judge Perry authorized the San Bernadino District Attorney to wiretap Public Pay Phones in Los Angeles County for 4
months. The results of those wiretaps were obtained:
131,202 - Individuals' conversations intercepted, taped, and will be kept by the DA for 10 years.
. . . . .10 - Incriminating Conversations were obtained as result of violating the privacy of 131,202 people.
. . . . . .0 - Arrests Made. NOT ONE ARREST.
Oh, . . . It cost San Bernadino Taxpayers over $625,000.
High Cost of Wiretapping in L.A. County
Links to Related Sites Including Senate Legislative Intent Files
THE "HAND-OFF"
Synopsis of In Camera Transcripts (Police Describe Procedure)
THE LATEST WIRETAP REPORTS
All Courts and Prosecutors are required to report each telephone wiretapped. The Los Angeles County District Attorney reported to the Federal Government the wiretapping of some 250 telephones and an entire cellular telephone company as "ONE" wiretap order.
Take a Look at the Latest Wiretap from Federal Government:
Now Compare the actual telephones tapped in latest PD WIRETAP REPORT
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