# Can your phone be tapped without a Judge signing off on it? **URL:** \ **Category:** Factual Questions\ **Created:** [November 8, 2007, 8:38pm UTC](https://boards.straightdope.com/t/can-your-phone-be-tapped-without-a-judge-signing-off-on-it/425702 "2007-11-08T20:38:13Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![diggleblop](https://avatars.discourse-cdn.com/v4/letter/d/ac91a4/32.png) [@diggleblop](https://boards.straightdope.com/u/diggleblop)\ **Post date:** [November 8, 2007, 8:38pm UTC](https://boards.straightdope.com/t/can-your-phone-be-tapped-without-a-judge-signing-off-on-it/425702/1 "2007-11-08T20:38:13Z")
I’m in a minor debate with a few friends on my forum. They say that the police or any other law enforcement agency doesn’t need a Judge to sign off on a court ordered phone tap anymore due to the Patriot Act. I say that no matter what, the law still needs a valid reason and a Judge to sign off on a wire tap for a person’s phone line if something incriminating is going to be used against them in a court of law. Who is correct? ---
**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\ **Post date:** [November 8, 2007, 9:11pm UTC](https://boards.straightdope.com/t/can-your-phone-be-tapped-without-a-judge-signing-off-on-it/425702/2 "2007-11-08T21:11:57Z")
In the state of New Jersey, you can only tap a phone if one of the people talking on it knows it is tapped or by court order. I can tap my own phone and record a conversation to make you look like a phone, but a third party would need a court order. That is New Jersey. Other states may vary. ---
**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\ **Post date:** [November 8, 2007, 9:19pm UTC](https://boards.straightdope.com/t/can-your-phone-be-tapped-without-a-judge-signing-off-on-it/425702/3 "2007-11-08T21:19:17Z")
[QUOTE=diggleblop] I’m in a minor debate with a few friends on my forum. They say that the police or any other law enforcement agency doesn’t need a Judge to sign off on a court ordered phone tap anymore due to the Patriot Act. I say that no matter what, the law still needs a valid reason and a Judge to sign off on a wire tap for a person’s phone line if something incriminating is going to be used against them in a court of law. Who is correct? [/QUOTE] You might try looking up the Patriot Act’s provisions; it always helps to be arguing with facts in your back pocket. 😉 In general, the Patriot Act doesn’t affect what local police are doing, no. ---
**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\ **Post date:** [November 8, 2007, 10:15pm UTC](https://boards.straightdope.com/t/can-your-phone-be-tapped-without-a-judge-signing-off-on-it/425702/4 "2007-11-08T22:15:37Z")
[QUOTE=diggleblop] They say that the police or any other law enforcement agency doesn’t need a Judge to sign off on a court ordered phone tap anymore due to the Patriot Act. [/QUOTE] Seems quite an overbroad statement. That is, while it’s one thing to say that the PATRIOT Act (actually, I thought some of this predated the Act) allowed for warrantless tapping in _certain_ circumstances, the above statement implies that **all** phone tapping by a **all** law enforcement agencies no longer warrants a warrant. ---
**Author:** ![akira5822](https://avatars.discourse-cdn.com/v4/letter/a/53a042/32.png) [@akira5822](https://boards.straightdope.com/u/akira5822)\ **Post date:** [November 8, 2007, 11:06pm UTC](https://boards.straightdope.com/t/can-your-phone-be-tapped-without-a-judge-signing-off-on-it/425702/5 "2007-11-08T23:06:46Z")
Perish the thought… Your goverment loves you and would never infringe on you civil rights in such a manner. BTW please speak clearly in to the receiver. 😃 ---
**Author:** ![Tastes\_of\_Chocolate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tastes_of_chocolate/32/3232_2.png) [@Tastes\_of\_Chocolate](https://boards.straightdope.com/u/Tastes_of_Chocolate)\ **Post date:** [November 8, 2007, 11:40pm UTC](https://boards.straightdope.com/t/can-your-phone-be-tapped-without-a-judge-signing-off-on-it/425702/6 "2007-11-08T23:40:50Z")
I’m not an kind of an expert on the Patriot Act, but from [a summary from Slate](http://www.slate.com/id/2087984/) Patriot act, section 214 - The government no longer needs a warrant in order to trace number dialed from a suspect’s phone or the source of incoming phone calls. If I’m reading it correctly, the FBI already had this ability, the Patriot Act extended it to criminal cases. That seems to be the only part that directly matches your question. All in all, the Slate article is a pretty informative read. ---
**Author:** ![diggleblop](https://avatars.discourse-cdn.com/v4/letter/d/ac91a4/32.png) [@diggleblop](https://boards.straightdope.com/u/diggleblop)\ **Post date:** [November 9, 2007, 5:33pm UTC](https://boards.straightdope.com/t/can-your-phone-be-tapped-without-a-judge-signing-off-on-it/425702/7 "2007-11-09T17:33:53Z")
Yeah, I figured as much. I know that if you’re a terror suspect, then your ass will more than likely be/get tapped soon enough without a warrant. But I always thought that the local police needed and still do need a warrant for a wire. Thanks, guys !