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Originally Posted by Rich
This means that if they use this extraordinary power and find that you have broken a mundane law like drug possession or tax evasion, they can use the information gathered without court approval against you in criminal court.
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But no - that's one of the strange twists here.
If the legality of the wiretap was not put under judicial review a priori, it would *definitely* be put to judicial review in a criminal case. Since the methods of the wiretap couldn't be evaluated, that evidence would be thrown out before the end of the discovery phase.
Anything would have to be a non-ordinary "enemy combatant" type of war court, not your basic criminal court.