35
Defendant Motion or Discovery Request for
Disclosure of
Defendant Overhearings and Attorney Overhearings
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In response to a defendant's motion or discovery request
alleging unlawful
electronic surveillance of the defendant, the government should ask
the court to
require the defendant to provide descriptive biographical data and
a specific
time period within which the alleged surveillance was conducted, in
order to
assist government agencies in making an accurate and expeditious
identification
of any surveillance activity. It is important to keep in mind that
it is the
province of either the court or the defendant to establish the
parameters of the
time period to be searched. If the government is unsuccessful in
persuading
either the defendant or the court to limit the time period of the
search, the
search conducted will encompass the time frame from the date of the
motion or
order to as far back as records exist. This is a very costly and
time-consuming
process, which should be avoided, if possible, by procuring a
narrow time limit
for the search.
[cited in USAM 9-7.400] | |