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10 Tulsa L.J. 386 (1974-1975)
Consent to Electronic Surveillance by a Party to a Conversation: A Different Approach

handle is hein.journals/tlj10 and id is 400 raw text is: NOTES AND COMMENTS
Donald R. Bradford
Under the Omnibus Crime Control and Safe Streets Act of 1968,
a law enforcement officer is allowed to intercept wire or oral communi-
cation where such officer is a party to the conversation or where one
of the parties to the conversation has given prior consent to such inter-
ception.1- Interception, whether by wiretapping, recording from an ex-
tension telephone, or by any other means where done with consent of
one of the parties is not subject to prior judicial approval, i.e., no war-
rant is required for such surveillance and interception.
That the foregoing provision of the Act is unconstitutional is the
subject of this comment in which three fundamental arguments are pre-
sented: (1) When a conversation is intercepted and recorded, much
more than the substance of -the conversation is taken. Identity of the
speaker, personality traits, emotional stress, and truthfulness of the
words spoken are just a few of the elements of the recorded voice which
may now be analyzed by modem electronic instruments. The sei-
zure of these elements of voice is therefore a violation of the
speaker's expected area of privacy. (2) The right to privacy and the
free flow of different ideas is fundamentally necessary to a democratic
society. Allowing electronic surveillance of speech without a warrant
is a serious erosion of the very foundation of our social structure. (3)
1. it shall not be unlawful under this chapter for a person acting under color of
law to intercept a wire or oral communication, where such person is a party to the com-
munication or one of the parties to the communication has given prior consent to such
interception. 18 U.S.C. § 2511(c) (1970).

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