Senate OKs more leeway in wiretaps

Jennifer Coleman

Thursday, Feb. 18, 1999 | 9:07 a.m.

CARSON CITY - The Senate has voted to expand wiretap laws, despite protests from one lawmaker who said Nevada may be turning into a police state.

SB120, which moved Wednesday to the state Assembly for final action, was sought by Las Vegas Metro police to help 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 adds attempted murder, battery with a deadly weapon and drive-by shootings to the list.

There have been 45 drive-by shootings in Las Vegas since the start of the year, said Sen. Mark James. Police are often frustrated by the lack of cooperation from victims and witnesses, which often include gang members.

A code of silence among gang members prevents police from gathering evidence, said James, R-Las Vegas.

"There's also a huge difficulty getting people who witnessed these crimes to come forward," he said. "There's intimidation of witnesses through the knowledge that if you cooperate with law enforcement, you may be the next target."

Sen. Joe Neal, D-North Las Vegas, objected to the bill, saying politicians use the word "gang" to pass unnecessary legislation. He also disputed the number of drive-by shootings in Las Vegas.

"This would create a police state where nobody can say anything to anybody without someone listening," Neal said.

James said the bill isn't aimed at law-abiding citizens or organizations but targets gangs whose numbers are on the rise, not only in Las Vegas but also in northern Nevada.

Police will still have to demonstrate that they can't get the evidence any other way and must have a compelling reason to convince a judge to grant the tap, he stressed.

"We have all the protection that this statute won't be abused," James said, adding that only 10 wiretaps were approved last year, all of them in murder cases.