What Happened?

Federal appeals courts are split on whether evidence gathered through a wiretap must be suppressed when the government acts in good faith but violates Title III, and that disagreement creates inconsistent outcomes depending on where a case is prosecuted.

A report published Sept. 21 by the Congress' research branch examined how Title III of the Omnibus Crime Control and Safe Streets Act of 1968 operates today and where tensions are building between its requirements and modern surveillance capabilities, including conflicting court rulings on when wiretap evidence can be thrown out.

Why Does it Matter to Me?

In 2025, judges authorized 1,735 state and federal wiretap orders, with drug offenses driving most of them, at an average cost of $92,963 per wiretap.

Both Sides, Now

Title III of the Omnibus Crime Control and Safe Streets Act of 1968 set strict rules for when the government can intercept communications. Only a senior Justice Department official at the level of Deputy Assistant Attorney General or higher can authorize a federal wiretap application; judges must find that standard investigative methods have failed or would be unlikely to work, and orders are capped at 30 days.

In *Giordano*, the Court suppressed evidence obtained when the Attorney General's executive assistant, rather than the proper official, signed an authorization, finding the authorization provision played a central role in the statutory scheme.

Federal appeals courts are split on whether evidence obtained through wiretaps can be suppressed when the government violates Title III, or whether a good faith exception to that suppression rule applies. Congress has amended the law three times to address new technology but has not resolved the split.

What Happens Next?

Congress could pass legislation clarifying whether the good faith exception applies nationwide, creating a uniform standard. Or lawmakers could leave the question to the courts, accepting that outcomes will keep varying by jurisdiction.

No bill addressing the circuit split is currently scheduled for a vote. As of the report's publication, neither Congress nor the Trump administration had announced a legislative fix.

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