The article presents issues related to the problems with usage of interception as evidence in a criminal trial. The main problem discussed in the article is the procedural issue which concerns the possibility of lodging a complaint against the court’s decision to consent to the operational control. Telephone wiretapping is a threat to the constitutional rights and freedoms of citizens. that is why the proper legal regulation of this institution is so important. In the Polish legal order, this issue raises fundamental constitutional reservations, of a constitutional nature, because the person under surveillance has no right to appeal against the court’s decision to subject them to an operational act under the Police Act. The Polish Constitutional Tribunal, on the other hand, does not want to make a clear statement on this matter.