Documents Show DEA Running Ever-Increasing Number Of Wiretap Applications Through Friendlier Local Courts

from the why-be-accountable-when-you-can-be-efficient? dept

It looks like the DEA has upped the amount of surveillance it's performing, most likely not as a result of increasing drug trafficking, but more likely due to other contributing factors. According to information obtained through a USA Today FOIA request, 2014 was a record year for DEA wiretapping -- another in a decade-long string of consecutive "record years." (A slight, probably-Snowden-related dip in requests notwithstanding.)

The DEA conducted 11,681 electronic intercepts in the fiscal year that ended in September. Ten years earlier, the drug agency conducted 3,394.
At first glance, it would appear that the DEA is simply being more aggressive in its drug enforcement efforts. But more likely this is a sign that the DEA is just getting better at streamlining its wiretapping request procedures. To begin with, it appears the DEA doesn't feel federal courts need to be involved in federal investigations -- at least not when local courts will perform the same function but faster and with fewer questions asked.
DEA agents now take 60% of those requests directly to local prosecutors and judges from New York to California, who current and former officials say often approve them more quickly and easily.
Not only does this allow DEA agents to more easily obtain permission to deploy wiretaps, but its "BUY LOCAL!" plan allows it to dodge additional scrutiny from the DOJ. While state courts are supposed to adhere to DOJ guidelines while approving wiretaps, it appears smaller courts are less likely to challenge DEA requests.
Agents said many of the cases in which state judges authorize wiretaps end up being prosecuted in state courts, where challenges to wiretap evidence are less common. According to records the district attorney submitted to California's attorney general, for example, only about 2% of the 1,400 wiretaps authorized in Riverside County over the past five years were later challenged in state court.
As USA Today's Brad Heath points out, the DEA seems to love Riverside County. Judges there approved more wiretap applications than any other jurisdiction in the country, leading to the applications routed through it doubling from 2013 to 2014.

The DEA, however, claims there's no venue shopping or DOJ-ducking going on here. It's all just part of the magical complicated world of drug enforcement.
Moses said DEA agents were "making no attempt to circumvent federal legal standards and protections by instead pursuing state wiretap authorizations." Instead, he said, the rapid growth of state-authorized eavesdropping reflects local prosecutors' increased willingness to take on complex wiretap investigations, which often involve teams of local police and federal agents. At the same time, he said, some federal prosecutors "may be unable to support wire intercept investigations due to manpower or other resource considerations," so agents take their cases to state officials rather than see them dropped.
That all sounds very plausible, but still doesn't explain why the DEA is running so many joint operations out of Riverside County. Be that as it may, the uptick in requests can also be attributed to the agency's long-running parallel construction schemes, which may now include communications gathered with the assistance of purchased exploits and malware. While many judges may be a bit hesitant to sign off on man-in-the-middle attacks to implant spyware on cellphones, they're perfectly happy to John Hancock normal law enforcement methods like wiretaps that achieve the same end.

Filed Under: dea, jurisdiction shopping, roving, surveillance, wiretaps


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  • icon
    Dave Howe (profile), 4 Jun 2015 @ 7:29am

    You would think..

    That like the lawyers challenging mobile phone intercept data, lawyers that suspect the FBI have done an "end run" around their wiretap process would challenge that evidence, to see if they can get it excluded....

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 4 Jun 2015 @ 7:51am

    what are the odds they are blackmailing these local courts with info they have acquired through their illegal wiretapping

    reply to this | link to this | view in chronology ]

    • icon
      tqk (profile), 4 Jun 2015 @ 2:03pm

      Re:

      what are the odds they are blackmailing these local courts with info they have acquired through their illegal wiretapping

      You're more than welcome to try to come up with evidence to prove it, but Occum's Razor says you're just being a conspiracy theorist by suggesting it. It's far more likely that judges believe they're just upholding the law and are diligently doing their part in the legal process.

      As for why the police get away with not needing a warrant to find out who anyone's used their phone to contact, blame the dog's breakfast of mish-mash laws the USA has managed to concoct beyond strict Constitutional limits. How can police armed robbery (civil forfeiture) be considered legal? Same SNAFU BS there. Why is lying to a federal officer a felony? Ditto. Why are there no consequences for prosecutors who treat the law like a game of whack a mole? Ditto. Sue the DoJ if you don't like it, but they've likely made that illegal too.

      reply to this | link to this | view in chronology ]

  • identicon
    Trevor, 4 Jun 2015 @ 9:27am

    As USA Today's Brad Heath points out, the DEA seems to love Riverside County. Judges there approved more wiretap applications than any other jurisdiction in the country, leading to the applications routed through it doubling from 2013 to 2014.

    Checks map.

    I live in Riverside County.

    Shit.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 9 Jun 2015 @ 3:45am

    At first glance, it would appear that the DEA is simply being more aggressive in its drug enforcement efforts.


    At first glance, it would appear that years of enforcement aren't working and are seeing an increase of drug dealers @ 13% year after year.

    reply to this | link to this | view in chronology ]


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