S2706 grants the state's attorney general the ability to apply ex parte to a court for an order authorizing the "interception of any wire, electronic, or oral communications" based on alleged felony violations of the Uniform Act on Prevention for Human Trafficking.
The Senate passed S2706 on April 26, 2022, by a vote of 35 to 0. We have assigned minuses to the yeas because this bill expands the government's ability to conduct unconstitutional "secret searches" of American citizens without providing them notice of lawful authority or purpose. It undermines the rights of the people guaranteed specifically by the 4th, 5th, and 6th Amendments to the U.S. Constitution.
United States Constitution
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
United States Constitution
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
United States Constitution
Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
