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SURVEILLANCE

Surveillance:

Surveillance

"The covert, discreet observation of people or places"

Covert Surveillance

Covert

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 Surveillance

Overt

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

Purpose

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.

Stationary Surveillance

Stationary

"plant"

"fixed surveillance"

"Code 5"

"Stakeout"

What is it?

Stationary Surveillance

  • Centers around locations or stationary objects

  • Can occur for short or long periods of time

  • Used to catch suspects who frequent locations or to watch for stolen property

  • ALWAYS occurs prior to a search warrant/raid

Moving Surveillance

Moving

(people or vehicles)

Rough or Open Surveillance

Rough

  • Occurs when there is no need to be discreet (the subject being watched is aware that they are being watched)

  • Can be used for parties PD is protecting

  • Can also be used for organized crime; possibly subject to claims of PD harrassment

Loose Surveillance

Loose

  • Occurs when PD doesn't want target to know they are being watched.

  • Several officers share the responsibility and "pass" the observation back and forth to remain undetected

  • Used for general information gathering

Close or Tight Surveillance

Close

  • Occurs when it is important not to lose sight of the subject or vehicle

  • Often precedes a suspected crime commission and subsequent arrest

  • Can also happen when looking for a safe place to arrest in lieu of a barricade or search warrant on a property ("Street jump")

Equipment

The Nuts and Bolts

Can include everything from binoculars to advanced aerial camera systems. Surveillance equipment has advanced greatly over time.

Visual

Visual Surveillance

Visual

Video

Includes both overt and covert options

Limits

Visual Surveillance

Things seen by the surveilling officer

Evidence is generated by officer testimony

Can include tools. Example: binoculars

Video Surveillance

Variety of camera and recording types available

May be placed overtly or covertly

May be passively (always) recording, or activated based on certain criteria

Warrant?

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

Audio & Electronic Surveillance

Audio & Electronic

More often covert than overt

Audio

Audio Surveillance

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.

Electronic

Electronic Surveillance

Includes the monitoring of device use: laptops, computers, smartphones, internet, etc.

Can also include GPS tracking via phone or secondary device (tracker).

Limits

Warrant.

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.

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