attorney suspect police surveillance what to do

by Elvie Dooley 9 min read

What You Should Do Do not go to the precinct. Write down the detective’s phone number, call your attorney and have your attorney speak to the detective. Alternatively, give the detective your attorney’s phone number and have him call your attorney. If the detective wants to arrest you, then your attorney will schedule your surrender.

Full Answer

What should I do if I am under police surveillance?

Aug 22, 2011 · Do not talk to the police. Do not talk to your parents. Call an attorney immediately. Who Is Investigated ? A person becomes a suspect in a crime when the police target a person for investigation. Sometimes innocent people become targets of investigation, and sometimes the police become involved after a crime has been completed but no one was arrested.

Why is surveillance important in law enforcement?

Your lawyer can bring a police harassment complaint in court under Title 42 of the United States Code, Section 1983. This act makes it illegal for anyone acting under the color or authority of state law to deprive someone of his or her rights, privileges or immunities under the Constitution or …

When to call an attorney for a police investigation?

Mar 10, 2010 · Under section 65 of Ripa the IPT is the "only appropriate tribunal" for a legal challenge on human rights grounds to the police's conduct …

What to do if a Detective wants to arrest you?

Apr 09, 2022 · If you believe you are being illegally surveilled by a private citizen, you can report the activity to your local police department. If you think you are being illegally surveilled by a government agency, you can report the activity to a watchdog agency, such as the American Civil Liberties Union. You may also want to speak to an attorney.

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Why are police officers not liable for civil rights violations?

Police have broad latitude in carrying out their function to fight crime and to protect citizens. Being stopped by an officer is not a pleasant experience, but even if you are innocent, police officers are not liable for violating your civil rights if they are performing their duties properly. For example, if the officer had probable cause to believe you may have committed a crime, your arrest is most likely proper, and you will have no legal recourse. It is of no consequence if the facts the arresting officer relied on turn out to be false as long as the officer reasonably believed them to be true at the time of your arrest.

What are some examples of police harassment?

Police harassment can take a variety of forms and include diverse victims. Some common examples of police harassment include: 1 Illegal spying or placing certain people under surveillance 2 Racial or ethnic profiling 3 Use of excessive force 4 Making racist, sexist or homophobic comments 5 Illegal detention 6 Illegal search and seizure

When did the RIPA come into force?

The Regulation of Investigatory Powers Act 2000 (Ripa), which came into force on the same day in 2000 as the Human Rights Act, provides a legal basis for various covert investigatory techniques. It is no coincidence that the two statutes came into force on the same day.

What is the IPT?

Under section 65 of Ripa the IPT is the "only appropriate tribunal" for a legal challenge on human rights grounds to the police's conduct of intrusive surveillance. It would also seem that a complaint about such conduct can only be made to the IPT – section 65 refers to the IPT being the "appropriate forum" for such complaints.

What is illegal surveillance?

Illegal surveillance is the monitoring of a person's activities or property in a manner that breaks regional laws. What constitutes legal versus illegal surveillance may be very different depending on the region and whether the spying is being done by a private citizen or law enforcement group. Depending on the region, wiretapping, recording ...

Why is surveillance important?

Surveillance is often crucial to law enforcement investigations ; it is also frequently helpful in the work of private detectives. Government agencies, like the Federal Bureau of Investigation in the United States, use surveillance techniques to hunt for possible terrorist activity and to track down federal criminals.

Is surveillance a violation of privacy?

Where surveillance crosses the line into a violation of rights to privacy, however, is a gray area of frequent controversy. Between private citizens, the rules of illegal surveillance are often far more delineated than between citizens and government investigators. Private citizens are often forbidden from conducting surveillance.

Do parking lots have security cameras?

Many parking lots have security cameras. Surveillance is often crucial to law enforcement investigations; it is also frequently helpful in the work of private detectives. Private citizens are often forbidden from conducting surveillance.

What is Jessica's degree?

With a B.A. in theater from UCLA and a graduate degree in screenwriting from the American Film Institute, Jessica is passionate about drama and film. She has many other interests, and enjoys learning and writing about a wide range of topics in her role as a MyLawQuestions writer.

How do hackers gain information?

Hackers and thieves often seek to gain personal information about an Internet user by using unsecured Internet connections or hacking password-protected accounts. With this information, a person's whereabouts, activities, private communications, and bank account or credit card information.

Is wiretapping illegal?

Depending on the region, wiretapping, recording a conversation without consent, following a target, or postal interception may be deemed illegal surveillance. Surveillance is often crucial to law enforcement investigations; it is also frequently helpful in the work of private detectives.

Why do police call you to the precinct?

You may receive a call from a police officer or a detective one day asking you to come to the precinct because he wants to talk to you about a complaint that was made against you or a crime that was committed in the area, or something to that effect. He isn’t specific and doesn’t say whether or not he intends to arrest you. Alternatively, the detective or police officer may tell you that you are not a suspect, and that he just wants to talk.

What happens if you are guilty of a crime?

Scenarios If You Are Guilty. If you are guilty of the crime the detective is investigating, and you admit your guilt, your admission will be used against you . It is always a possibility to eventually plead guilty, and perhaps receive a plea deal, if you actually are guilty.

What do you do when you are under surveillance?

Generally speaking, while under police surveillance, you would continue to do those things you do in everyday life — get up, go to work, go grocery shopping, drop the kids off and pick them up from school, transport 17 kilos of cocaine, etc…. The point being, you probably wouldn’t know that you’re under police surveillance, ...

Who are the whistleblowers for the NSA?

NSA whistleblowers Kirk Wiebe, William Binney, Karen Stewart, Edward Snowden speak of this program but with the American media heavily censored it has taken many years and the deaths of many targeted Americans for this information to become known to the public at large.

What happens if you are a criminal?

If you are a criminal you will probably get arrested and charged with a actual crime. This targeting is carried out by the FBI, police, NSA, Homeland Security, police, fusion centers, citizen corps, national neighborhood watch, Infraguard etc.

What is surveillance in criminal investigation?

Surveillance is the covert observation of people, places and vehicles, which law enforcement agencies and private detectives use to investigate allegations of illegal behavior. These techniques range from physical observation to the electronic monitoring of conversations.

What is wiretapping in law enforcement?

Electronic monitoring, or wiretapping, refers to the surveillance of email, fax, Internet and telephone communications. This activity requires a court order to proceed, based on a U.S. government affidavit showing that a crime has been, is being or will be committed. However, if a person risks severe injury or death, the government can ask to start monitoring communications right away, the U.S. Department of Justice states. Similar exceptions are made for organized crime or national security cases. Once an order is granted, police agencies can identify criminal conspirators to deter or punish the offenders involved. Other examples of electronic monitoring include drones, license plate readers, computer forensics and subpoena of data stored in the cloud. New technologies can push the limits of privacy. For instance, stingray tracking devices allow law enforcement to determine the location of a suspect's cell phone, as well as the identity of random individuals close by.

How does an undercover investigator work?

Undercover operations amount to another form of surveillance, but in this method the officer plays an active role in revealing criminal activities. For example, an undercover gang investigator might begin infiltrating the group by adopting the same hobbies or jobs as the suspects. To gain acceptance within the gang and build trust, the officer must also create a plausible cover story that explains his presence in the neighborhood.

What are some examples of electronic surveillance?

Other examples of electronic monitoring include drones, license plate readers, computer forensics and subpoena of data stored in the cloud. New technologies can push the limits of privacy.

What is fixed surveillance?

The fixed surveillance, or "stakeout," requires officers to surreptitiously observe people and places from a distance. Variations include the one- and two-person surveillance methods. According to author and criminal justice professor Michael Palmiotto, the two-person approach is considered more desirable. It allows officers to periodically switch positions, reducing a suspect's chances of spotting them. By contrast, an officer assigned to one-person surveillance can't take his eyes off the scene and has nobody to relieve him.

What is undercover operation?

Undercover operations amount to another form of surveillance, but in this method the officer plays an active role in revealing criminal activities. For example, an undercover gang investigator might begin infiltrating the group by adopting the same hobbies or jobs as the suspects.

What are stingrays used for?

For instance, stingray tracking devices allow law enforcement to determine the location of a suspect's cell phone, as well as the identity of random individuals close by.

What is invasion of privacy?

“Invasion of Privacy” deals with the area of expected privacy by an individual. Any evidence obtained in violation of an individual’s privacy will not be admissible in a court of law. Privacy is “the condition or state of being free from public attention to intrusion into or interference with one’s acts or decisions.” (Black’s Law Dictionary.) Therefore, surveillance in a public place is not private and there is no reasonable expectation of privacy in a public place. Determining whether the law protects your privacy requires knowledge of the law and it is often a question of what society deems is reasonable.

What is trespassing in law?

Trespassing is simply the act of entering private property without the consent of the land owner. Trespassing can be a very complicated subject, mostly because state laws vary so extensively. As an investigator, the key thing to remember in gathering your evidence, whether photographically or otherwise, is that if you violate trespassing laws while gathering your evidence then all that evidence is going to be inadmissible in a court of law. Yes, there are states that still allow an investigator to go on a third party’s property with consent, such as a neighbor. Again you should thoroughly research your state’s laws on trespassing prior to setting up in the neighbor’s yard.

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