What are the three prongs required for a non-consensual intercept affidavit?

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The three prongs for a non-consensual intercept affidavit are essential components that establish the legal foundation needed to authorize such interceptions. The correct answer encompasses key elements:

  • Identity of the officer ensures that the affidavit specifies who is requesting the interception, providing accountability and traceability within law enforcement procedures.
  • Probable cause is a critical legal standard demonstrating that there is a reasonable belief that a crime is being committed or will be committed, justifying the need for the interception. This helps protect individual privacy rights and ensures that interceptions are not conducted arbitrarily.

  • Need for interception refers to establishing that traditional investigative methods are insufficient for gathering necessary evidence and that interception is essential to the investigation.

Together, these prongs validate the request for interception under legal standards, ensuring that the rights of individuals are respected while allowing law enforcement to pursue legitimate investigations.

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