Can the local police execute or facilitate online surveillance, or cell data surveillance, without notifying the subject in the state of Nevada?
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2Can you give an indication as to why you think they would be required under Nevada state or local law to notify the subject of a law enforcement operation that they are indeed the subject of a law enforcement operation?– user28517Mar 10, 2021 at 22:00
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1@Moo as it happens, they are required to do so—just not while the surveillance is ongoing.– Ryan MMar 11, 2021 at 5:31
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@RyanM yup, saw and upvoted your answer, but was wondering if there was more to the ops question than they had written, hence my request.– user28517Mar 11, 2021 at 5:59
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Fair point. :-)– Ryan MMar 11, 2021 at 6:00
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1What kind of surveillance do you mean? Reading everything someone posts online in public? Googling them? Collecting metadata from ISPs without the content? Collecting metadata from cell phone towers without actually listening to/reading the content to establish a subject's location? Traditional laws govern wiretaps and other surveillance can cover a multitude of sins and be subject to different legal limitations. E.g., en.wikipedia.org/wiki/Stingray_phone_tracker– ohwillekeMar 11, 2021 at 12:29
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1 Answer
Notification is required within 90 days of the completion of the interception order
The relevant law regarding "interception and disclosure of wire and radio communications or private conversations," NRS 179.495, provides that:
NRS 179.495 Notice to parties to intercepted communications.
1. Within a reasonable time but not later than 90 days after the termination of the period of an order or any extension thereof, the judge who issued the order shall cause to be served on the chief of the Investigation Division of the Department of Public Safety, persons named in the order and any other parties to intercepted communications, an inventory which must include notice of:
(a) The fact of the entry and a copy of the order.
(b) The fact that during the period wire, electronic or oral communications were or were not intercepted.
Note that such interception orders may last up to 30 days, but may be extended indefinitely by a court (up to 30 days at a time).
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I suspect although the question isn't as clear as it might be, that the surveillance in question is something short of an interception, such as collection of metadata, or snooping in publicly accessible facebook accounts. Mar 11, 2021 at 12:26