Q: In Virginia, how do you obtain the right to wiretap legally. Do you have to show just cause to a judge?
A: Wiretapping issues are rather complex. There are laws regulating capturing what was said and laws regulating using what was said. In addition, if one party is out of the state, that state's laws may come into effect. In addition, there are special rules authorizing the police to use wiretaps in certain types of cases subject to the Court's supervision and approval. Generally, though, Va Code § 19.2-62(2) requires a private person to either be a party to the communication or else to obtain the consent of a party to the communication to record the conversation. Once again, though, the law limits the right of any person to disclose the contents of such a recording, even if is captured legally, and other state or federal laws might apply, depending on the circumstances.
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