What should a monitor do if they discover a new crime during a nonconsensual intercept?

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The most appropriate action for a monitor who discovers a new crime during a nonconsensual intercept is to notify the affiant and supervising attorney. This ensures that the situation is acknowledged and handled in a manner consistent with legal protocols and the chain of command, since the affiant and supervising attorney are responsible for overseeing the investigation and ensuring that all actions taken are legally justified.

By notifying the affiant, the monitor allows for the collection of additional information regarding the crime, which could be crucial for any potential prosecution or further investigative steps. Additionally, involving the supervising attorney ensures that any legal implications of the new findings are evaluated and that decisions made going forward are compliant with legal standards and ethical obligations.

This choice emphasizes the importance of following established procedures and maintaining communication within the legal framework, rather than making unilateral decisions, which could lead to complications or legal challenges later on.

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