Legal Question in Criminal Law in California
Surveillance
Can police put audio/video surveillance in someones car, home, cell phone, and home phones? Or if they can in only one or two places, which one? This would be taking place after a search and seize warrant was issued on a residence and the residence came up clean.
2 Answers from Attorneys
Re: Surveillance
If this isn't simply psychosis or paranoia speaking, then various surveillance techniques can be done with a confidential court order, or under the Patriot Act. You'll never know until it's been done and you're arrested. If such things were done without authority, then the evidence they gained couldn't be used in court. Such issues are part of your legal defense. Feel free to contact me if you get arrested and want legal counsel, if the case is in SoCal.
Re: Surveillance
The police can do any or all of these things if they have properly obtained a search warrant authorizing them to do so. The fact that a prior search of a residence proved fruitless would not prevent them from getting such a warrant, though it might be relevant to the judge when she decides whether to issue one.
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