Wiretap Warrants in Federal Cases: Are They Listening to You?

 Posted on July 24, 2025 in Federal Crimes

While federal agents listening to your phone calls and reading your texts may sound like something out of a spy movie, in Texas federal cases, it is a very real possibility if you are under investigation. The government can and does use wiretap warrants to monitor communications in investigations involving drugs, fraud, organized crime, and other federal crimes.

If you have ever wondered whether the federal government is listening to your conversations, it is essential to understand the process and your rights. An experienced Texas federal crimes lawyer can help determine whether a wiretap is on your phone, and, if so, help you mitigate potential charges in some cases.

What is a Federal Wiretap Warrant and When Can It Be Used?

The definition of a federal wiretap warrant can be found in Title III of the Omnibus Crime Control and Safe Streets Act. The agencies most likely to be involved in wiretap investigations in Texas include the DEA, FBI, and ATF. There are differences between state and federal wiretap authority. Federal laws establish the baseline privacy protections for all wire, oral, and electronic communications. Texas, and many other states, are "one-party" consent regarding recording conversations, meaning an individual can record a conversation if they are a participant, or if one participant consents.  

Federal authorities can intercept electronic communications for the investigation of any felony, but for wire or oral intercepts, they are limited to investigating a specific list of serious crimes. States may impose wiretapping laws that are more restrictive than the federal standard. Both federal and state law enforcement require probable cause or necessity to use a wiretap. Wiretaps are typically used in major drug trafficking, RICO, or large-scale fraud cases. A wiretap warrant requires a lengthy (100 pages or more) application and is often only approved when less intrusive methods have failed.

How Do You Know if Your Phone is Wiretapped?

Some signs that your phone may be wiretapped include:

• Long-time contacts have suddenly gone silent. 
• People you are speaking to on the phone are asking strange questions or repeating your words.
• You may hear unusual, strange sounds during calls, such as clicks, static, beeps, or high-pitched frequencies.
• Your phone battery is hot or is draining unusually quickly.
• You see unexplained spikes in your data usage.
• Your phone seems to be taking longer than usual to power down.
• Your phone is acting strangely, such as apps opening on their own, apps continuously crashing, your phone turning itself off, or restarting at random times.
• Your camera or microphone activates without your permission.  
• Websites you routinely visit look "different."  
• You are receiving unexpected or fake text messages that contain strings of numbers, letters, or symbols.

What Are Potential Defenses to a Federal Wiretap?

A skilled criminal defense attorney may be able to challenge the validity of the wiretapping warrant, asserting there was insufficient probable cause or a lack of necessity. If agents are listening in on privileged or irrelevant conversations, the wiretap may be challenged on minimization failure, which means law enforcement has failed to limit the interception of communications to only those relevant to the criminal investigation.

Agents are only supposed to listen to or record conversations that are directly pertinent to the investigation and must avoid collecting information unrelated to the investigation. A motion to suppress can potentially prevent the admission of illegally obtained communications, which could then end the entire case due to a lack of evidence.  

Contact a Texas Federal Crimes Lawyer

If you are caught up in a federal investigation, you may not know your conversations are being monitored until pages of transcripts appear. If you believe you are the target of federal surveillance, consult a Texas federal crimes attorney from The Crowder Law Firm, P.C. as soon as possible. Attorney Crowder has extensive experience defending very serious crimes, including federal crimes and child sex crimes. Call 214-544-0061 to schedule your free consultation.