Federal Bureau of Investigation Participation in Wire Interceptions in Cases Where It Lacks Investigative Responsibility


Under 18 U.S.C. § 2516(1), the Federal Bureau of Investigation (FBI) may be judicially authorized to participate in Title III interceptions of wire or oral communications directed at narcotics-related offenses, even though the Drug Enforcement Administration and not the FBI has general investigative responsibility for such offenses.

The plain language of §2516(1) authorizes the FBI to participate in court-approved interceptions directed at any of the offenses listed in that section, and the legislative history lends support to its “ plain meaning” interpretation.

Updated July 9, 2014