What is the burden of proof required for consensual, non-in-home intercepts?

The burden of proof required for consensual, non-in-home intercepts is rooted in the legal standards that apply to wiretapping and electronic surveillance. For consensual intercepts, the law usually establishes that at least one party to the conversation must provide consent for the interception to be legal. This means that the standard of proof is less stringent compared to criminal cases or situations involving invasions of privacy where probable cause or beyond reasonable doubt would be necessary.

Reasonable suspicion is the appropriate threshold in this context because it allows law enforcement to justify the interception with a reasonable belief that obtaining the communication will lead to evidence of a crime. This is significantly lower than a higher burden of proof because it does not require conclusive evidence, just a belief based on specific facts and circumstances that a crime may be occurring or about to occur.

This standard facilitates more rapid responses to urgent situations where consent is given by at least one party, recognizing the practical realities of policing and investigation while still respecting individual privacy rights to some degree.