Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.

1054. Exceptions to the Prohibitions—Consensual Law Enforcement Interceptions

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]

Updated September 19, 2018