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Bugging refers to a form of electronic surveillance. Bugging can be used for intercepting, overhearing and recording a person’s conversation by electronic means. The Omnibus Crime Control and Safe Street Act (“Act”) requires that an electronic surveillance can only take place in accordance with the procedures of the Act. [18 U.S.C.S. § 2518]. The Act condemns unauthorized bugging because it leads to the violation of a person’s constitutional right of privacy. The restriction upon bugging helps in deterring police officers from illegal intrusions. However, intrusion may extend to a person, motor vehicle, home, room in a boarding house, hotel, motel, condominium or other dwelling.
The following is an example of case law defining bugging:
Bugging is defined as the interception of oral communication by concealed microphones. [State v. Lester, 64 Haw. 659 (Haw. 1982)].