In some situations, legal trouble begins long before an accusation occurs.
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Law enforcement can begin an investigation on you without letting you know. They have a legal right to watch what you do in public or in plain view in your business or home.
But what some may not know is that police are allowed to access your private emails or phone conversations under certain conditions. Can police listen to phone conversations on your landline or cell?
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Yes, they can potentially listen in on both under certain conditions. Wiretaps can provide supportive evidence against people suspected of criminal activity.
Before they can eavesdrop on your conversations, the cops have to obtain something similar to a warrant called a wiretap order. Since wiretapping is extremely intrusive, a wiretap order is a bit more complicated to obtain than a warrant. The law enforcement officials have to prove probable cause to believe that listening to your conversations will help them with a serious crime.
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This can include terrorism, money laundering, or drug trafficking. Can cell phones be tapped?
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The police are also supposed to limit wiretapping to telephone conversations that will probably result in evidence for their case. Incarcerated criminals have far fewer rights to privacy and this includes their calls made from prison. This is one of the reasons why visitors go to see prisoners in person if they want to keep their talk private. Tap and traces record the phone numbers calling a specific phone line. Pen registers record the phone numbers from outgoing calls. After 30 days have passed, the prosecutor has to go back to the judge and ask again.
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When the prosecutor asks again, he or she has to explain what the wiretap found in the first place. Also, the judge can order that the prosecutor provide reports of what the wiretaps have found and how the wiretapping is going. On top of all that, the prosecutor generally needs to get internal approval from people at the Department of Justice to do a wiretap. All of this takes a great deal of work.
It requires a prosecutor to spend hours drafting an order and explaining why he or she needs a wiretap for this investigation. Photo: Shutterstock.
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