NEW FEDERAL LAW EXTENDS WIRETAPPING FOR NEW MEDICAL THEFT CRIMES

A new Federal Crime of Theft of Pre-Retail Medical Products extends the wiretapping authority of the Federal Government while issuing a directive to the Sentencing Commission to amend the Federal Sentencing Guidelines to comply with the law, if necessary. The United States Senate passed the new crime bill after the House and is expected to become law when President Obama signs it (as he is expected to do). 

Criminal lawyer Robert Hambrick defends your cell phone records that can be subject to wiretap in Largo, St. Petersburg & Tampa Bay, Florida
Water then Wiretap iPhone.

The Federal Guideline Sentencing Commission supplies summaries of criminal laws and interprets new federal criminal statutes from Congress because it is charged with implementing the sentencing standards enumerated within the Federal Sentencing Guidelines for Federal Courts. New federal criminal laws often require amendments to the Federal Sentencing Guidelines to keep the Guidelines relevant, up to date and even more confusing for Criminal Defense Lawyers in Clearwater who use the Federal Sentencing Guidelines to make unique, strong and effective sentencing arguments in Federal Court in Tampa, Florida.

It’s not unusual for the new criminal law to extend the wiretapping authority so that law enforcement will be able to investigate any violations. The wiretapping authority ultimately rests with Judges who must make a finding of probable cause that a crime may have been committed by signing warrants with sworn affidavits from federal law enforcement officers who seek the wiretap. But the ever increasing number of activities which are defined as crime will inevitably increase the number of approved wiretaps at the expense of privacy.
The new federal Pre-retail Medical Product Theft law as passed by Congress will become binding law once the President signs it. It will expand current criminal federal law in Medical Theft cases in the Middle District of Florida in Tampa because it applies to “…a medical product that has not yet been made available for retail purchase by a consumer…” defining medical product as “…a drug, biological product, device, medical food or infant formula.” 
If you have been indicted by a Federal Grand Jury in Tampa in the Middle District of Florida or are being investigated for federal criminal charges call a Clearwater Criminal Attorney as soon as possible for advice, help and defense guidance.

WHEN IS EAVESDROPPING BY ELECTRONIC SURVEILLANCE VIA VIDEO, AUDIO OR DATA A CRIME?

National Electronic Surveillance regulations of audio or video can be found in the Wiretap Act which requires that a Judge make a formal finding of probable cause that a crime has or is about to be committed before the Government may listen in on your conversations with your favorite Clearwater Criminal Defense Lawyer.  
Because the federal standards were enacted with a view to restrict Government eavesdropping into telephonic conversations long before the internet, cell phones and large scale use of video surveillance, state governments have taken up the slack with State Electronic Surveillance laws. Yet even the better written state laws such as Florida’s which strives to lean toward privacy have many exceptions.
Electronic surveillance has been broadened by many states to cover other ‘data communications’ as follows:

video surveillance balances privacy rights with security needs in Tampa Florida
Hidden yet there, Camera Obscura 

Electronic surveillance involves the traditional laws on wiretapping, which can be defined as any interception of a telephone transmission by accessing the telephone signal itself–and eavesdropping–listening in on conversations without the consent of the parties.  States have extended these laws to cover data communications as well as telephone surveillance….In Florida, interception and disclosure of wire, oral, or electronic communications is prohibited. State and federal policymakers face the challenge of balancing security needs via electronic surveillance against individual privacy. 


The delicate balancing of privacy rights with security needs is something each state has had to grapple with in determining criminal standards. Here is the criminal law in Florida as it relates to use and abuse of electronic communications:

934.03Interception and disclosure of wire, oral, or electronic communications prohibited.(1) Except as otherwise specifically provided in this chapter, any person who:(a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication;(b) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or2. Such device transmits communications by radio or interferes with the transmission of such communication;(c) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;(d) Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or(e) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication intercepted by means authorized. 

Florida law sets the standard for the rest of the nation in protecting privacy rights over intrusion. Yet despite the law in Florida Clearwater Criminal Attorneys find that Tampa Courts have held that where there is no expectation of privacy such as in a store, there is no privacy. Everything you do at the store is on video from the moment you park, enter and slug the manager for turning off the blue light special just as you reach for it.