Even though entertainment media, like tv shows and movies, depict the police being able to listen in on any phone conversation they want, there are actually strict regulations behind this. Yes, the authorities can obtain access to your phone and eavesdrop on your phone calls. However, the state of California has strict laws regarding police listening to phone calls, so it is important to know and fully understand these laws.
Suspicion of Criminal Activity
First and foremost, you will never have your phones wiretapped if you are not suspected of criminal activity. You are endowed with privacy rights as a citizen of the US, and having the police just nonchalantly listen to your phone calls would be grounds for illegal conduct. However, the best way to avoid the police eavesdropping on your phone calls is to not commit any crimes in the first place.
A wiretap order is needed to begin listening to your phone calls. The authorities must have probable cause to obtain a wiretap order. Having solid evidence of criminal activity could serve as that probable cause. Crimes that would warrant a wiretap order include:
- Money laundering
- Drug trafficking
- Human trafficking
- Terrorism
- Kidnapping
- Homicide
These are serious crimes, so the government takes serious steps, like wiretapping, towards investigating the matter and the suspect to the fullest extent. The police will not spy on your phone call conversations if you are suspected of driving without car insurance or petty theft. This is because these crimes are not as severe.
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What Substantiates Probable Cause?
Probable cause can be a blanket term, and many people may apply their own meaning to the word. Because of this, it can end up hurting you and your legal chances in the long run due to a judge’s discretion toward “probable cause.” It might be easier for law enforcement to obtain a wiretap warrant and spy on you.
The state of California is stricter with this because they require certain criteria to be met in regard to probable cause. This criterion includes:
- Identifying who will be getting wiretapped
- Identifying any third parties who may or may not be involved
- Acknowledging devices will be wiretapped, which could be just your phone but also may be your laptop
- Showcasing the facts of the case and the evidence of the investigation thus far
- Illustrating how other, less intrusive, investigatory methods have been exhausted
This extensive list of requirements for a California wiretap order makes it easier on your part to avoid being spied on by the authorities.
Information the Police Are Looking For
According to Statista and its latest year of reporting, the US saw a total of 6,590 arrests and 311 convictions due to wiretapping efforts by law enforcement. This shows that the information the authorities may find from listening to your phone calls can be crucial to their investigation. The information can also be essential to your criminal defense case.
What kind of information would law enforcement hope to find? They can obtain data from your cell service provider or Google. The information they can get from those organizations includes your GPS location, IP addresses, and transcripts of phone calls/texts/emails. A wiretap order allows them to collect all this data legally.
Law enforcement will comb through this information to find anything that might implicate you in an ongoing investigation. For example, someone could be arrested if they talked about certain suspects and details of a money laundering crime investigation. As soon as the police show up at your doorstep demanding answers about you potentially playing a role in a crime, hire a criminal defense attorney from the Simmrin Law Group.
Limits to Wiretapping
Along with suspicion of criminal activity and probable cause, there are other restrictions to wiretapping activities. With certain wiretap orders, the police are not granted permission to actually listen and record phone conversations. They may only be able to record the phone numbers that you called. These are called either “tap and traces” or “pen registers.”
Another limitation of wiretapping is that the authorities might not have permission to listen to and record your phone calls indefinitely. They can only listen to your phone calls at certain times. Plus, they might have a limit to how many calls they can listen to and record.
The wiretap order can “run out” or be revoked if the authorities cannot find any substantial evidence for the crime they are investigating.
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The Effectiveness of Wiretapping
If the end goal of wiretapping is to find someone guilty and prosecute them, then how effective is the wiretapping method? According to the Administrative Office of the U.S. Courts, during the latest year of reporting, wiretapping led to a 26% increase in arrests nationwide. Wiretapping has proven to be a very effective method of investigating crimes and uncovering the truth.
There is a high likelihood that if you committed a crime and you are being wiretapped by the police, then you will be arrested. There is no need to panic, though. The Simmrin Law Group specializes in criminal defense cases, and one of our seasoned criminal defense attorneys has the knowledge and expertise to build a strong defense for you.
How a Criminal Defense Lawyer Can Help
A criminal defense lawyer from the Simmrin Law Group can help build a robust defense case against whatever criminal offenses you may be facing. This strong defense case will allow us to clear your name on the charges and uphold your constitutional rights in the courtroom. To do this, we intend to implement a wide range of strategies which includes:
- Arguing that the police’s wiretap was not legally ordered
- Claiming that the prosecution’s evidence was illegally obtained
- Gather witness testimonies
- Proving that there was no intent form our client’s part
These strategies, amongst many others, are just a glimpse at how we could successfully clear you of the criminal charges. Contact the Simmrin Law Group today to receive a free and confidential consultation.
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