Reading Room Document

Interception of Privileged Oral and Wire Communications During Hostage Situations

This memo addressed whether investigators in a hostage situation could begin or continue electronic surveillance of a suspect when the suspect was engaged in privileged conversations. It concluded that the communications could be intercepted if obtained under a warrant, with the consent of the suspect’s “confidant,” or if there were truly exigent circumstances where delay would endanger the hostage. However, the opinion went on to explain that even lawfully-intercepted privileged communications, and evidence derived from those conversations, would likely be excluded from evidence in a criminal trial.

March 16, 1979