What is the burden of proof for consensual in-home intercepts of the target?

The burden of proof for consensual in-home intercepts of the target is classified as probable cause. This standard requires law enforcement to demonstrate that there is a reasonable basis for believing that a crime may be committed or evidence of a crime may be found at the location where the intercept is to occur. In the context of wiretaps, this often includes showing that the interception is necessary for gathering evidence pertinent to an investigation.

Having probable cause balances the government's interest in investigating crime against an individual's right to privacy. In consensual intercepts, where one party gives consent, the expectation of privacy is diminished, but the law still mandates a higher threshold—probable cause—ensuring that such invasions of privacy are justified and not arbitrary.

The other standards mentioned, such as reasonable suspicion and clear and convincing evidence, do not apply in this context. Reasonable suspicion is a lesser standard that pertains to investigative stops or detentions and does not meet the requirements for a wiretap warrant. Clear and convincing evidence is a higher standard typically required in civil cases but is not applicable to the context of consensual intercepts. Therefore, probable cause is the appropriate standard of proof in this situation.