Metro asks for more leeway in wiretaps

Jennifer Coleman

Thursday, Feb. 11, 1999 | 5:25 a.m.

CARSON CITY -- Las Vegas Metro police asked lawmakers Thursday to expand an existing Nevada wiretap law to help them crack down on gangs.

When investigating crimes including murder, kidnapping, robbery, extortion, bribery, bombings and child molestation, police can ask courts for wiretap authority. SB120 would add attempted murder, battery with a deadly weapon and drive-by shootings to the list.

The Senate Judiciary Committee was told there have been 45 drive-by shootings in Las Vegas in the last six weeks and police are frustrated with the lack of cooperation from victims and witnesses, including many gang members.

"Many times the victim is affiliated with a gang and with their code of silence or fear of retaliation, they won't cooperate with police," said Stan Olson of the Las Vegas Metro police department.

Olson added there has been a big increase in other gang-related crimes in Las Vegas, including 16 murders in 1998, and the revision is needed so police can solve cases where the witnesses won't talk.

"Keep in mind, we're not going out willy-nilly and getting wiretaps," added Ben Graham of the Nevada District Attorneys Association.

Graham said police have to demonstrate that they can't get the evidence any other way and have a compelling reason to convince a judge to grant the tap.

But lawmakers were skeptical of increasing the power of police to listen in on citizens, asking for further information on the number of wiretaps requested and granted in recent years. They also questioned including the attempted murder and battery cases in the law.

The charges are necessary because the bill includes a provision for shooting in or toward a house, but not other drive-by situations, Olson said.

"These drive-bys happen in parking lots, parks, into cars on the freeway," he said.

But with the charge of battery included, the law could be used in other types of cases, such as domestic violence, Graham acknowledged.

"It would have to be a serious offense, but conceivably it could qualify for a wiretap," he said.

Nobody argued against the bill during the hearing. But Richard Siegel, vice president of the American Civil Liberty Union's Nevada chapter, said later his group would probably oppose the bill because of its broad scope.