Indiana State Police is looking for a helping hand in its attempts to keep up with the technology criminals use to evade detection.
Senate Bill 411, which is now in the Indiana House, would give State Police authority to listen in on cell phone calls and intercept other electronic communications, such as e-mail. The bill would also provide the same authority to local officers, who would work under State Police supervision.
Though the bill has its opponents, including Sen. Tim Skinner, D-Terre Haute, who says the bill is too vague and allows police too much leeway in tapping emerging technology, Ken Falk of the Indiana Civil Liberties Union says the bill's proposals are within the framework set by the Fourth Amendment, according to the Indianapolis Star.
Police would not have the right to immediately intercept any call they want. A warrant would have to be issued by a judge after police have shown all other investigative methods have failed, or, failing that, may not succeed or are too dangerous.
Indiana's current wiretapping law has only been used three times since it took effect in 1990. It only allows police to intercept landlines, and even then phones can only be tapped when a drug case is involved.
In today's ever-evolving technological world, that's simply unacceptable.
Police should have the ability to pursue leads in a case, and should be provided the resources to do their jobs to the best of their abilities. Dealers of the current drug of choice, methamphetamines, generally do not use landline phones, preferring to use disposable, difficult-to-track cell phones with walkie-talkie options. Hamstringing police by only allowing them to tap landline phones in these cases is ridiculous.
The current law's drug investigation restrictions are also too constrictive. Imagine a young child is kidnapped by an estranged parent, and the police have his or her cell phone number readily available. In an Amber Alert situation, police could, under the proposed bill, tap the phone that would allow police to know the whereabouts of the individual and to hear the contents of any kidnapping-related phone calls. This is a tool that would save lives, but we're not currently allowing police to take advantage of the option.
Lawmakers aren't rushing to give away our rights in this situation. When even the ICLU is stepping forward to say the proposed law fails to infringe on Fourth Amendment rights, it becomes difficult to argue police and lawmakers are overreaching.
Police would still have to get a judge's permission to use wiretaps, and considering the current law has only been used three times, this clearly isn't an option police rush to take advantage of. In a situation of last resort, however, don't we want officers to have the best option at their disposal? In a modern world of technology, police shouldn't be tied down by a 17-year-old law that ignores all innovations post-1990.
In the post-September 11 age, with the Patriot Act casting a long, terrible shadow over our justice system, it remains important for all citizens to consider changes in the law to make certain we're not giving up valuable rights in the name of fighting terrorism.
Senate Bill 411's proposals do not give up any rights. The bill merely gives police the tools to protect us. As voters, we should support that.
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