Electronic Surveillance Legalities – INDIVIDUALS TARGETED – GANG STALKING
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***PARDON THE SPELLING TYPOS AND ERRORS….I DO KNOW HOW TO SPELL “Amendment”****
ELECTRONIC SURVEILLANCE
Observing or listening to persons, places, or activities—usually in a secretive or unobtrusive manner—with the aid of electronic devices such as cameras, microphones, tape recorders, or wire taps.
The objective of electronic surveillance when used in law enforcement is to gather evidence of a crime or to accumulate intelligence about suspected criminal activity.
Electronic surveillance permeates almost every aspect of life in the United States. In the public sector, the president, Congress, judiciary, military, and law enforcement all use some form of this technology.
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THREE TYPES OF MOST PREVALENT ELECTRONIC SURVEILLANCE
1)wire tapping
2)bugging
3)videotaping.
PURPOSE OF ELECTRONIC EAVESDROPPING
(1) enhancement of security for persons and property;
(2) detection and prevention of criminal, wrongful, or impermissible activity; and
(3) interception, protection, or appropriation of valuable, useful, scandalous, embarrassing, and discrediting information.
The law attempts to strike a balance between the need for electronic surveillance and the privacy interests of those affected.
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CONSTITUTION LAWS and ELECTRONIC SURVEILLANCE
The Fourth Amendment to the U.S. Constitution protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
It further provides that “no Warrants shall issue, but upon Probable Cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
-TWO BASIC PROTECTIONS OF THE 4TH AMENDMENT
1) PROHIBITS government officials, or persons acting under color of law, from performing unreasonable searches and seizures.
2)FORBIDS magistrates from issuing warrants that are not supported by probable cause or that fail to specify the persons, places, and things subject to search and seizure.
*As technology continues to develop, the Court has had to consider new methods of investigation by law enforcement officials.
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OMNIBUS CRIME CONTROL and SAFE STREETS ACT OF 1968
Title III of the act governs the interception of wire and oral communications in both the public and private sectors. Electronic surveillance is used in:
PUBLIC SECTOR – as a tool of criminal investigation by law enforcement
PRIVATE SECTOR – as a means to obtain or protect valuable or discrediting information.
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COMMON LAW
provides a third avenue of legal protection against electronic surveillance.
SECRECY – prevents nonconsensual public disclosure of valuable, confidential, embarrassing, or discrediting information.
SECLUSION – a realm of personal solitude upon which society may not trammel.
AUTONOMY – represents the freedom to determine one’s own fate unfettered by polemical publicity.
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