Page:United States Statutes at Large Volume 82.djvu/253

 82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

"(e) As used in this section, llie term 'confession' means any confession of guilt of any criminal offense or any self-incriminating statement made or given orally or in writing. "§3502. Admissibility in evidence of eye witness testimony "The testimony of a witness that he saw the accused commit or participate in the commission of the crime for which the accused is being tried shall be admissible in evidence in a criminal prosecution in any trial court ordained and established under article III of the Constitution of the Lnited States." (b) The section analysis of that chapter is amended by adding at the end thereof the following new items: "3.">01. Admissibility of confessions. '"3502. Admissibility in evidence of eye witness testimony."

TITLE: III—WIRP:TAPPING AND ELECTRONIC SURVEILLANCE FINDINGS

SEC. 801. On the basis of its own investigations and of published studies, the Congress makes the following findings: (a) Wire communications are normally conducted through the use of facilities which form part of an interstate network. The same facilities are used for interstate and intrastate communications. There has been extensive wiretapping carried on without legal sanctions, and without the consent of any of the parties to the conversation. Electronic, mechanical, and other intercepting devices are being used to overhear oral conversations made in private, without the consent of any of the parties to such communications. The contents of these communications and evidence derived therefrom are bein^ used by public and private parties as evidence in court and administrative proceedings, and by persons whose activities affect interstate commerce. The possession, manufacture, distribution, advertising, and use of these devices are facilitated by interstate commerce. (b) In order to protect effectively the privacy of wire and oral communications, to protect the integrity of court and administrative proceedings, and to prevent the obstruction of interstate commerce, it is necessary for Congress to define on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized, to prohibit any unauthorized interception of such communications, and the use of the contents thereof m evidence in courts and administrative proceedings. (c) Organized criminals make extensive use of wire and oral communications in their criminal activities. The interception of such communications to obtain evidence of the commission of crimes or to prevent their commission is an indispensable aid to law enforcement and the administration of justice. (d) To safeguard the privacy of innocent persons, the interception of wire or oral communications where none of the parties to the communication has consented to the interception should be allowed only when authorized by a court of competent jurisdiction and should remain under the control and supervision of the authorizing court. Interception of wire and oral communications should further be limited to certain major types of offenses and specific categories of

211 "confession."

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