In almost any crime show or mob movie, the most nerve-wracking part occurs when a character is wired up and sent into a building undercover to catch the criminals in the act. Inevitably, someone catches on, and the character is placed in an uncomfortable position with his life on the line, hoping the law enforcement officer will save him in time.

Based on TV, you with think that half the country is listening in on conversations on behalf of the police. That is a bit of an exaggeration, but law enforcement does use concealed listening devices pretty often. These devices – the “wires” – are used to help record conversations. The defendant wears a listening device that enables the police to record conversations with targeted defendants from far away.

Over time, the devices used to record undercover buys have become more advanced, with many now including video recordings. Police can obtain high definition video through cameras as small as a shirt button.

The risks of wearing a wire

As a general rule, wearing a wire is risky for the defendant for several reasons:

• If the seller of the drugs or any other target of the wire discovers you are wearing a wire, your life/safety could be in jeopardy.
• There are no guarantees the prosecution will reduce the charges or request a lower sentence even if you can successfully record an incriminating conversation – unless there is formal agreement which your lawyer should review.
• There’s no guarantee the judge assigned to your case will accept any plea agreement, agree to less serious charges, or agree to reduce your sentence.

Defendants should always review the pros and cons of wearing a wire with their criminal defense lawyers. The lawyer will explain that the police/prosecution cannot force or coerce you to wear a wire. There is no legal requirement that you help them incriminate someone else. Wearing a listening device is not part of the police investigation.

What a defendant should know about agreeing to wear a wire

Defendants should understand:

• It is up to the defendant to decide if he/she consents to the wire.
• The evidence the police obtain may also be used against you – so the rules of wearing a wire need to be clearly established.
• There is no guarantee that the information the police obtain against the other person will be admissible in court.
• The police cannot lie to you to pressure you to wear a wire.

At Delius & McKenzie, PLLC, we have been fighting for defendants for 20 years. We will advise you on the pros and cons of wearing a wire or listening device in order to gain immunity or a better deal. Call (865) 428-8780 or fill out our contact form to schedule an appointment. We represent criminal defendants in Sevierville, Seymour, Gatlinburg, Pigeon Forge, and the surrounding Tennessee areas.