Vol 7 No 1 - Roger Williams University School of Law

has to state a “likelihood of failure” of other investigativetechniques in their affidavit for a search warrant.124This trend is also reflected statistically. Between 1968 and1995, federal and state courts approved 20,107 surveillanceapplications and denied only 27, with none denied since 1988.Further, from the 349 federal taps authorized in 1991, 1022persons were arrested and 292, or about .08% of the total numberunder surveillance, were convicted.125Thus, based on this persuasive data, it is possible that so longas the FBI can establish probable cause for a particularinvestigation, it can obtain an order to implement Carnivorewithout presenting evidence of an attempt to utilize moreconventional investigative techniques, and still be in fullcompliance with the statutory requirements.Major Crimes OnlyIn drafting the original Title III, Congress recognized thatwiretapping created a significant opportunity for abuse, andtherefore should be limited in its use. Thus, the Legislatureexpressly stated that “interception of . . . communicationsshould . . . be limited to certain major types of offenses and specificcategories of crime with assurances that the interception isjustified and that the information obtained thereby will not bemisused.”126However, the list of offenses for which wiretapping andelectronic surveillance are permitted under Title III and theEPCA has increased from 26 in 1968 to 95 in 1996.127 The list hasexpanded from espionage, treason, violent crimes, and offensestypically associated with organized crime, to include such cases asthose involving false statements on passport applications and loanapplications.128 Further, by and large, electronic surveillance isprimarily used in drug cases. In 1996, 71% of wiretaps nationwidewere issued for drug cases.129124. United States v. Caruso, 415 F. Supp. 847 (1976).125. See Slobogin, supra note 112, at 190.126. Omnibus Control and Safe Streets Act of 1968, Pub. L. No. 90-351, § 801, 82Stat. 211 (1968).127. 18 U.S.C § 2516 (1994); see also Dempsey, supra note 46, at 76-77.128. See Dempsey, supra note 46, at 76.129. Id.