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SURVEILLANCE
"The covert, discreet observation of people or places"
Covert means "secret" or "hidden"
This occurs when it is not known to the surveilled subject that they are being watched.
Example: hidden camera, wire tap
Overt means "obvious" or "visible"
This occurs when it is not important whether or not the surveilled know they are being watched.
Example: visible parking lot cameras, uniformed security details
Whether covert or overt, the objective of all surveillance is the same:
To obtain information about people, their associates, and their activities that may help solve a criminal case or to protect witnesses.
"plant"
"fixed surveillance"
"Code 5"
"Stakeout"
(people or vehicles)
Can include everything from binoculars to advanced aerial camera systems. Surveillance equipment has advanced greatly over time.
Includes both overt and covert options
Things seen by the surveilling officer
Evidence is generated by officer testimony
Can include tools. Example: binoculars
Variety of camera and recording types available
May be placed overtly or covertly
May be passively (always) recording, or activated based on certain criteria
All visual/video surveillance is permissible in public spaces
If there exists an "expectation of privacy," then visual surveillance needs a warrant unless exigency is present.
Example: You can't slide a camera under a locked door, because the occupant of the house/room because that is generally considered private space
More often covert than overt
Covert use also called "bugging" or "wiretapping"; this involves using technology to covertly observe/record a verbal communication
May occur overtly through party "consent" - when one or both parties is aware the exchange is being recorded.
Laws vary by state.
Includes the monitoring of device use: laptops, computers, smartphones, internet, etc.
Can also include GPS tracking via phone or secondary device (tracker).
wiretapping is considered a search under the 4th Amendment. PD ALWAYS needs probable cause and a warrant before using this covert method.
Most personal devices (phones, tablets, etc) are also being given the "expectation of privacy" by the courts. Therefore, PD needs PC and a warrant.
There is NO expectation of privacy: in prison cells, interrogation rooms, or the back of a patrol car.