One fear of criminal defense attorneys is to be caught on a wiretap discussing a case with a client. Recently , I was talking to a police officer and asked do you ever get any attorney-client phone calls. There was no admission but I did get some advice. Answer your phone Attorney McKinney.It lets everyone listening to the wire that an attorney is on the line. Why is this important ?
One principle of wire taps is minimization. The government has to minimize the intrusion of the telephone calls.Here is some language from two Federal rulings:
The government is required under the law to conduct electronic surveillance in such a way as to minimize the interception of communications not otherwise subject to interception. U.S. v. Dimora, case from N.D. Ohio
This is done if the agents have shown a high regard for the right to privacy and have done all they could to avoid unnecessary intrusion. U.S. v. Feldman, 606 F.2d 673 (6th Cir.1979)
So when you call and I answer Attorney McKinney , you now know why.