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Investigation and wiretap procedures
seen it 8853 reads
posted

There are some discussions about major investiations going on.  Here are some questions to the legal crowd;

Assume a hypothetical investigation is in process on an agency/independent.  I don't know this for a fact but just trying to understand some of the steps involved.

What does it take to get a wire tap?  Is that a signed order from a judge?
Is this a routine thing to get, like stamps at a post office- or does the cop have to provide overwhelming evidence of a crime?  What evidence?

What does the wire tap provide- voice conversations, all phone numbers involved etc.
From order to actual wiretap how much time is involved?

Next- what defense does the agency/independent have- like changing phone numbers frequently, change the business name/owner and other things like???  How often is good for a #change?

Are these tactics effective?  Is one more effective than another?

Sorry for a post full of questions, inquiring minds want to know.

Thanks

sidone8712 reads

Aside from Patriot Act wiretaps (don't get me started), the investigating officers need to get a warrant signed by a judge.  To do this they offer a sworn affidavit explaining what they are investigating, what they expect the wiretap to reveal, why they expect what they do and where their leads came from.  They don't need to provide "overwhelming" evidence.  Generally, all that's needed is probable cause to believe the wiretap will further the officers' legitimate investigation.

I don't know exactly what the wiretap gathers.  I presume it records all incoming and outgoing calls along with the associated phone numbers.

Sorry, but I won't tell you how to avoid this kind of investigation.  I didn't spend years of my life learning the law so I could help people break it.  Even if I wanted to offer that kind of guidance, I am legally forbidden to do so.

If you really want to avoid legal trouble, your best strategy is to obey the law.

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mrfisher6613 reads

sorry Sidone, I just can't help myself sometimes, but I do enjoy reading your answers.

I am also not a big fan of the so-called Patriot Act, may it wither and die soon.

As to the logic of having an agency frequently change it's phone number, that is probably a non-starter.

First, LE would know whenever that happens, and could probably automatically get it re-tapped.

Secondly, and probably more importantly, the agency would lose a lot of business as customers call the number they are accustomed to and find that there is no answer.  The phone tends to be the main lifeline of most such businesses.

(Still not a lawyer, thank the lord.)

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jazz326043 reads

but it seems to me that if a business suspected of illegal activity repeatedly changed its phone number as a tactic to avoid wire-taps, it is simply giving LE more probable cause to present to the judge.

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JustATransGirl8234 reads

A 2 part question:

What would the chances be of LE obtaining a wiretap to enfore a misdemeanor?  (soliciting) I just can't imagine a Judge doing that just to bust a hooker for  a crime that half the world engages in.

2 - Without a wiretap in place, can a phone conversation be recorded and used in court?

3 - Or if not recorded can two or more people listen to the conversation and testify as to the content of the discussion? - And if so how would they be able to verify the person on the other end was the defendant?  Voice print?  If so wouldn't that take a supeona?

Am I nieve?  Ok a 4 part question... :-)

-- Modified on 3/12/2007 7:30:13 PM

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mrfisher7985 reads

perhaps just a bit paranoid?

Everyone take a deep breath and relax.

Yes, busts do occur, and unfortunately they seem to be happening more frequently but the good news is that they are relatively rare and by following some simple common sense rules, you can bring the odds of arrest to nearly zero.

The answer to almost any of these questions would start with:  "It depends..."

Getting certainty with the law is like trying to classify exactly what will happen with any given provider...there is just too much variation to give a stock answer.

(still not a lawyer)

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mustachemike7201 reads

without the express permissison of the person being recorded/secretly listened to, is a  misdemeanor in California and stautory civil damages (I think $3k per violation) are allowed.  Penal Code 638. Evidence obtained in violation of PC 638 may be a excluded, depends on the discretion of the trial judge.

-- Modified on 3/13/2007 1:09:34 PM

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sidone7116 reads

I don't think the judge has any discretion to admit the evidence.  I believe such recordings are always inadmissible.  There must be an exception that allows it to be used when prosecuting the person who made the recording, but that's probably the only one.

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tuphelia6464 reads

Some laws don't apply to law enforcement agents.  If law enforcement agents record you without your knowledge it is typically admissible as evidence in court.

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seen it7995 reads

We're talking about escort services here.  

So does the cop merely walk up to a judge and say 'hey I think these people are running a prostitution service so how about a wiretap to help prove it?'

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kelly brandon8215 reads

okay, vonage has a system in Amsterdam (road trip) where you can have an anonymous chip placed in the back of your phone to protect you from GPS and eavesdropping.  It is bought seperate from the phone.  Look into it. Kelly

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