Who is the approving authority for consensual/out of home intercepts?

The approving authority for consensual or out-of-home intercepts is the Attorney General or Deputy Attorney General, as well as District Attorneys or Assistant District Attorneys, or their designated representatives. This authority is established to ensure that intercepts are conducted in accordance with the law and are justified based on the context and circumstances surrounding the investigation.

The involvement of such high-level prosecutors is crucial because they have the legal expertise and understanding of the relevant laws and regulations governing wiretaps and surveillance. Their approval serves as a safeguard, ensuring that the rights of individuals are considered while also meeting the needs of law enforcement agencies in their pursuit of justice.

The local police chief, while having authority over local law enforcement matters, is not designated to approve such intercepts. Similarly, the Governor's office and federal judges do not have direct jurisdiction over consensual intercepts conducted at the state or local level, which is primarily the purview of the state's attorneys. The oversight provided by the Attorney General’s office is designed to maintain a balance between effective law enforcement operations and the civil liberties of citizens.