In Module Four, continuing the discussion from Module Three, after reading your classmatesâ€™ posts with a critical eye, expose and list any loopholes or gaps that the surveillance employment may have. Along with identifying any loopholes, evaluate the posts to see if the surveillance is warranted for the scenario described. In responding to your peers, indicate whether the chosen course of action taken is valid.
Website: Super Circuits
This website will provide students with several types of surveillance tools that are used in the field day in and day out.
This resource supports Milestone Two.
Website: History of the Federal Judiciary
This website explains how the Foreign Intelligence Surveillance Court reviews applications for warrants related to national security investigations and the process by which this is done.
This resource supports the discussion and Milestone Two.
Article: Police to Use Drones for Spying on Citizens
This article gives insight on drones being used in certain states as a surveillance technique. Information in the article can help with completing the discussion task assigned in this module.
Website: Video Surveillance Laws Listed by State
State and local laws may change or be periodically updated, but this website provides a general list of surveillance laws that are listed by state, throughout the United States.
This resource supports the discussion and Milestone Two.
Peer post one
Good afternoon everyone,
One law-enforcement scenario that surveillance and surveillance equipment would be needed is investigating and uncovering human trafficking operations. Human Trafficking is a difficult crime to investigate because the victims are in a constant state of fear and typically suffer from trauma that prevents victims from seeking out help. (DHS, 2018).
In order to use wiretapping or bugging has electronic methods of surveillance warrants must be obtained due to the 4th Amendment. Due to the fact that these electronic surveillance techniques fall under the 4th Amendment, warrants are usually needed in order to use these surveillance methods. (Jurkowski, 2017). Additionally, probable cause must be shown in order to obtain the desired warrant, however, it is important to note there can be certain circumstances that may allow the agency to continue without obtaining a warrant. (Jurkowski, 2017). This shows that legal measures must be taken while investigating and pursuing criminals and that there can be situations where exceptions to the rules may be made in order to allow the investigation to progress. These situations are typically ones that are considered national security threats, preservation of life, and established crime operations. (Jurkowski, 2017). In the event the FBI is conducting the investigation they have utilized a few methods of surveillance to help them succeed in bringing down human trafficking operations. For example, undercover operations and wire interception have been used as lawful techniques. (FBI, 2016). These techniques allow the FBI and other agencies to uncover human trafficking operations, the victims, and the suspects running the operations, stopping them before more people are harmed. (FBI, 2016). Techniques like these, specifically undercover techniques, are critical in stopping crime like human trafficking because it tends to be well hidden compared to other types of crime.
DHS. (2018, October 17). What Is Human Trafficking? Retrieved March 20, 2019, from https://www.dhs.gov/blue-campaign/what-human-trafficking
FBI. (2016, May 03). Human Trafficking/Involuntary Servitude. Retrieved March 20, 2019, from https://www.fbi.gov/investigate/civil-rights/human-trafficking
Jurkowski, S. (2017, July 16). Electronic Surveillance. Retrieved March 20, 2019, from https://www.law.cornell.edu/wex/electronic_surveillance
Peer post 2
A law enforcement scenario in which may be necessary to employ surveillance and surveillance equipment would be Gang Task Force coordinating a raid and subsequent arrest of suspected gang members known for gun related crimes in their community. Surveillance in this case can be done via wiretaps to listen to phone calls made among the suspected gang members.
The Fourth Amendment protects from “unreasonable searches and seizures of property by the government” (Cornell.edu, 2019) and wiretapping falls under this protection. The legality of wiretapping differs for state and federal law. Federal law only requires the consent of one of the parties involved. In most states, wiretapping is either considered illegal. In my state of CT, for example, under criminal law, it is a felony to record a telephone or oral communication without the consent of at least one party, under civil law, however is illegal to record a phone call without consent, either written or verbal, from all parties involved.(Justia.com, 2018.)
Before law enforcement can begin a wiretap on a telephone conversation, they need to obtain a warrant and in order to obtain such warrant, they must prove to the judge there’s probable cause showing that such conversation can help them solve a crime. Wiretapping orders usually come with strict conditions, such as how length of conversation and only conversations that include information about the case. (findlaw.com, 2019)
LII Staff. (2017, October 10). Fourth Amendment. Retrieved from: https://www.law.cornell.edu/constitution/fourth_amendment
Scoville, D. (2012, December 20). 21st Century Surveillance. Retrieved from: https://www.policemag.com/340878/21st-century-surveillance
Recording Phone Calls and Conversations. (n.d.). Retrieved from: https://www.justia.com/50-state-surveys/recording-phone-calls-and-conversations/
Do the Police Have the Right to Tap My Telephone? (n.d.). Retrieved from: https://criminal.findlaw.com/criminal-rights/do-the-police-have-the-right-to-tap-my-telephone.html