Senate OKs bill on wiretaps

Thursday, Feb. 18, 1999 | 11:57 a.m.

CARSON CITY -- A bill that would expand Nevada's wiretap law was approved Wednesday by the Senate after being told the legislation was aimed at gangs in Las Vegas who are fighting over drug trafficking territories.

Sen. Mark James, R-Las Vegas, said Senate Bill 120 "is not taking a broad step into people's privacy ... but is getting at the gang problem, particularly in Las Vegas."

Since Jan. 1, James said, there have been 45 drive-by shootings in Clark County but no one has been killed.

The bill, which passed 20-1 and next goes to the Assembly, would allow prosecutors to seek court-approved wire taps in cases of attempted murder, battery with a deadly weapon and discharging a firearm into an occupied building.

Current law allows prosecutors to seek wiretaps in such cases as murder, kidnaping, robbery, extortion, bribery, destruction of public property by explosives and a sexual offense against a child.

Sen. Joe Neal, D-North Las Vegas, the lone dissenter, complained that people are "trying to create a police state where anyone can't say anything to anybody." He suggested the term "gang" is used to justify a lot of things that are put into the law.

James said it is difficult to gather evidence in drive-by shooting cases because there is a "code of silence" among gang members. And witnesses, fearing they may be the next target of a shooting, are reluctant to testify.

That leaves wiretaps as the only way to obtain evidence to charge individuals, James said.