Under 18 U.S.C. § 2511(2)(c), a person who is acting under color of law may intercept communications when he or she is a party to the communication or when a communicating party consents to the interception. Depending on the circumstances, consent may be express or implied in fact from surrounding circumstances indicating that the party knowingly agreed to the surveillance. See United States v. Van Poyck, 77 F.3d 285, 292 (9th Cir.), cert. denied, 117 S. Ct. 276 (1996).
[cited in JM 9-60.200]