Under what condition can privileged persons be included in an intercept?

The inclusion of privileged persons in an intercept is typically permitted under specific legal frameworks when there are significant exceptions to the privilege. One such exception occurs when those individuals are determined to be co-conspirators. In scenarios involving criminal activity or conspiracies, communication among co-conspirators may not be protected due to the overarching intent to engage in illegal acts. If a privileged person is actively participating in a conspiracy, their communications can be intercepted as part of the investigation into the conspiracy, thus nullifying the usual protections associated with privileged conversations.

This reflects the legal principle that while communication might generally be considered privileged (for example, between attorneys and their clients), that privilege can be bypassed when the communications are part of a criminal scheme. The ability to intercept communications for such cases is essential for law enforcement to gather evidence related to ongoing criminal activity and to prevent further illegal actions.