Nevada law allows for the interception of your wire or oral communications under certain circumstances, such as when the interception of these communications could potentially result in evidence being produced that you committed a murder, kidnapping, bribery, extortion, or certain other felony offenses. However, there are very strict rules regarding when communications can be intercepted and how the intercepted communications can be utilized against you to secure a conviction. These strict rules are necessary in order to protect your Constitutional rights.
It is vital that you understand all of the legal rules regarding the interception of your communications, including the rules under Nevada law for the recording of those communications. LV Criminal Defense can help you to learn about the statutes in Nevada’s criminal procedure code that relate to interception of communications.
Our Las Vegas defense attorneys can also assist you in getting evidence suppressed in circumstances where your rights were violated in any way in connection with interception of your communication.
Give us a call today to find out more about how we can help you fight to ensure your private communications are not used against you in criminal proceedings.
The laws of Nevada impose strict guidelines on many different aspects of the process of intercepting communications. Nevada Revised Statute 179.485 is one of the rules applicable to interception of oral and wire communications. N.R.S. 179.485 relates to the recording of intercepted communications.
Under the relevant statute, the content of any intercepted wire or oral communication should be recorded whenever possible, regardless of what means of communication are being intercepted. The communication should be recorded on tape, wire, or any other comparable device. The recording also must be done in a manner that protects the recordings from being edited or being altered in any way.
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As soon as the court order allowing the interception of the communications expires, the recordings of the intercepted communications must be made available to the judge who ordered that the communication be intercepted. If a request is being made to allow the interception of communications for a longer period of time after the expiration of the original court order, the recordings of any intercepted communications also must be made available to the judge.
All recordings should be placed with whomever the judge directs and the recordings should be sealed under the judge’s directions. Recordings must be kept for at least a 10 year period of time, and no recordings should ever be destroyed unless a judge orders the destruction of the recordings of the intercepted communications.
N.R.S. 179.485 also allows for duplicate recordings of the intercepted communications to be made in compliance with N.R.S. 179.465 for purposes of conducting an investigation into alleged criminal wrongdoing.
N.R.S. 179.465 indicates how intercepted communications can be utilized and when such communications can be disclosed. For example, the contents of the intercepted communications could be released to other investigators or law enforcement officers if appropriate for the performance of official duties. The contents of the communications can also be revealed under oath in criminal proceedings, including proceedings before a grand jury.
Having your personal communication intercepted and recorded is very upsetting. The situation is even worse if the information that is contained within the recordings is used in a court of law to convict you of a criminal offense. You need to do everything possible to try to protect your right to privacy and to try to convince the court that evidence obtained in intercepted communications should not be admissible against you if your rights were violated.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
LV Criminal Defense will carefully review the process used to intercept and record your communications and will help you to fight to avoid having the evidence admitted in court. To find out more about how a Las Vegas criminal defense lawyer can help, give us a call today.