Who determines when consent is met during a consensual intercept?

Consent in the context of a consensual intercept is determined by the approving attorney. This individual is responsible for ensuring that the legal requirements for consent are met and that the intercept complies with applicable laws and regulations. The approving attorney evaluates the circumstances of the case, ensures that the consent is obtained appropriately, and verifies that all necessary legal standards are satisfied before moving forward with the intercept. Their role is critical in safeguarding the rights of individuals and ensuring that law enforcement operates within the legal framework.

In contrast, while the intercepting officer may carry out the operation, they are not the authority that confirms the legality of consent. Similarly, the applicant for consent might initiate the request, but their role does not encompass the final determination of consent validity. A supervisor may oversee operations, but they do not have the legal authority to approve consent independently. Therefore, the responsibility lies with the approving attorney to make the final decision regarding consent in a consensual intercept situation.