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Obtaining A Wiretap Order

Criminal Defense Attorney: How To Tell If There’s a Warrant for Your Arrest

Can police listen to phone conversations on your landline or cell? Yes, they can potentially listen in on both under certain conditions.

Wiretaps can provide supportive evidence against people suspected of criminal activity. Since its a severe invasion of privacy, though, it comes with strict procedures for law enforcement. 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. This can include terrorism, money laundering, or drug trafficking.

Police may also seek a warrant to obtain location information through cellphone data.

Best Way To Run A Free Arrest Warrant Check

If youre concerned about having a warrant out for your arrest, you should check right away. Fortunately, there are tons of free ways to find out without having to look into the dark web. Even if you dont want to use the internet, there are a few ways to run a free arrest warrant check.

Most of this article focuses on how to run a free arrest warrant check on yourself. But this process applies equally well to looking for a suspected warrant on someone else.

So, lets get to it!

Aif You Are Arrested Or Taken To A Police Station:

  • You have the right to remain silent and the right to talk to a lawyer before you talk to the police. Dont tell the police anything except your name and address. Dont give any explanations, excuses, or stories. You can make your defense later, in court, based on what you and your lawyer decide is best.
  • If you have a lawyer, ask to see your lawyer immediately. If you cant afford a lawyer, you have the right to a free one once your case goes to court. You can ask the police how to contact a lawyer. Dont say anything to police without speaking to a lawyer first.
  • Within a reasonable time after your arrest or booking, you should ask the police to contact a family member or friend. If you are permitted to make a phone call, anything you say at the precinct may be recorded or listened to. Never talk about the facts of your case over the telephone.
  • Do not make any decisions in your case or sign any statements until you have talked with a lawyer.
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    The Police Want To Speak With Me And Get My Side Of The Story I Think They Are Investigating Me For A Criminal Offence What Should I Know

    If the police think a person may have committed an offence, it is not unusual for them to contact the person and ask them to give a statement about the incident. They may call and say they want to set up a meeting to discuss an incident. Or they may say that they want to give you a chance to tell your side of the story so they can decide how they are going to handle things. They may say this is your opportunity to tell us what happened or warn you that if you do not speak with me, I will have to assume everything told me is true, and thats how I will write my report.

    What the police the police will not tell you, however, is: We want you to speak with us because we hope that you will tell us something that can be used against you. It is important to remember that by the time the police have contacted you and asked to meet with them, the police may have already decided to arrest you and lay a charge against you. While there is a chance you could tell the police something that causes them to decide not to charge you, it is also possible that you will say something that hurts your ability to defend yourself. There may be another side to the story, but if the police are told two different versions of what happened, they will often decide to lay a criminal charge and let the matter get sorted out in court.

    Cops Shared Examples Of How They Tell Genuinely Suspicious People From Awkward Buffoons So Take Notes To Keep Calm

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    There are clearly perceivable differences in the behavior of someone who has just robbed a bank and is being questioned by the police and someone who is nervous as hell and is being questioned by the police for the same crime . Both will appear pretty off, but police officers and law enforcement officials are trained to wade through the bullshit and identify the behavioral characteristics displayed by someone who is genuinely guilty versus someone who is self-conscious and nervous over being questioned. Below are a ton of stories from cops sharing their experience in trying to tell discern between someone who is just jumpy and someone who is actually guilty :

    BlueHerogen:Once you start interacting with someone you can very quickly tell if something is up. Yeah people are sometimes nervous around cops but its a very different nervous then oh shit I have a kilo of coke in the backThere are also other indicators present when criminal activity is involved. It all adds up to grounds for arrest.The only time Ive had a false positive is a kid who was so nervous he lied about his name and gave his brothers info instead. He wasnt drunk, wasnt trafficking, wasnt committing any offense other than driving with a broken headlight. The only reason he was detained so long is cause he lied to us about his identity and of course were thinking whats he trying to hide?. Turns out nothing We spent 45 min finding a whole lot of nothing.

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    If I Speak With A Lawyer Before I Talk To The Police Wont That Make Me Look Guilty

    Many people worry that speaking with a lawyer will make the police think they are guilty, or make it look like they have something to hide. It is important to remember that, if you are charged with an offence, the prosecutor cannot argue that it is more likely you are guilty because you spoke with a lawyer. Innocent people and guilty people both need legal advice.

    Ultimately, whether you look guilty is less important than whether it can be proven you are guilty. A lawyer can give you the important advice you need to prevent making a mistake that cannot be undone.

    Youre Not Under Arrest We Just Want To Speak With You

    When police begin calling someone at home or work asking for answers to a few questions, it usually means they think the person is connected to a crime. A common initial response to these kind of inquiries is a desire to clear the air by voluntarily engaging in questioning. But police dont generally call people for friendly chats when they target someone, their goal is to validate suspicions.

    Chances are, the police will have some kind of evidence or proof before contacting someone for interrogation. Even if someone is convinced of his or her innocence, police may have eyewitness testimony or security camera footage suggesting otherwise.

    Anyone under suspicion of a crime has no obligation to speak to police. You have the right to remain silent isnt a meaningless expression its a right. The line immediately after should discourage anyone from thinking of having a casual conversation with police.

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    Speaking To The Police

    In general, you have the right to silence. This means that you do not have to answer any questions the police ask you. It can be a good idea to use this right, because what you say to the police, no matter when or where, could be used against you.

    However, there are some times when the law says that you must give your name and address to the police.

    You can tell the police you want to speak with a lawyer before you answer any other questions.

    Do I Need A Lawyer For Preliminary Arraignment

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    When you retain a criminal lawyer and turn yourself in, the magistrate is likely to set bail at a lower amount a the preliminary arraignment because the fact that you retained counsel and voluntarily turned yourself in shows that you are not a flight risk and are prepared to answer to the charges. On the other hand, if you fail to turn yourself in, the prosecutor may argue that you are a flight risk and seek higher bail. At trial, the prosecutor may ask for a flight instruction in which the judge will tell the jury that flight could be construed by the members of the jury as consciousness of guilt. Therefore, if you believe that you are under investigation or learn that the police have obtained a warrant, you should always retain an attorney before turning yourself in or giving any kind of statement.

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    Q: If I Am Arrested For Immigration Violations Do I Have The Right To A Hearing Before An Immigration Judge To Defend Myself Against Deportation Charges

    A: Yes. In most cases only an immigration judge can order you deported. But if you waive your rights, sign something called a Stipulated Removal Order, or take voluntary departure, agreeing to leave the country, you could be deported without a hearing. There are some reasons why a person might not have a right to see an immigration judge, but even if you are told that this is your situation, you should speak with a lawyer immediatelyimmigration officers do not always know or tell you about exceptions that may apply to you and you could have a right that you do not know about. Also, it is very important that you tell the officer immediately if you fear persecution or torture in your home countryyou have additional rights if you have this fear, and you may be able to win the right to stay here.

    Ending Custody Being Released Or Charged

    Depending on the evidence they have, at the end of the custody period the police might decide to:

    • release you – because they no longer suspect you of a crime, or
    • release you pending further enquiries – because you’re a suspect but the police need to investigate further, or
    • release you with conditions as a suspect – this is called investigative liberation, or
    • charge you with a crime and keep you in custody, or
    • charge you with a crime but release you to appear at court on a specified date
    • charge you with a crime and release youwithout an undertaking to be called to court at a later date.

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    When Should You Speak To The Police

    The common advice from lawyers is that you should never, under any circumstances, talk to the police. And while there is some merit to this idea, it isnt always true.

    There are times when you should talk to the police. For example, if a police officer approaches you on the street and wants to talk to you when you know youve done nothing wrong, it might make sense to answer the officers questions, in as few words as possible so that the police officer lets you go.

    If you were the victim of a crime and the police are trying to get information to investigate and prosecute someone who committed a crime, yes – talk to the police.

    If youre reaching out to the police because you have information about a crime that was committed or because you were the victim of a crime, it is much less likely that you are a suspect. If you were a witness to a crime, want to help, and you contact the police to provide information – talk to the police.

    Things get murky when you might have been involved in a crime. If there is any possible way you were involved in something criminal – even slightly – do not talk to the police. Talk to a lawyer first. And if a police officer contacts you because they want to talk its best to go to the meeting with a lawyer. Alternatively, a lawyer may be able to help you prepare a written statement and avoid a situation where you inadvertently say something that leads to you being charged with a crime.

    You Will Be Putting Yourself At A Great Disadvantage If You Do Not Have An Attorney Present While You Are Being Questioned

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    If theyre questioning you theres always a chance that you can say something that might incriminate you whether youre guilty of anything or not. You are placing yourself at a tremendous disadvantage by speaking to law enforcement personnel without an attorney present.

    I have many, many clients who call me and say, Well, they asked me to come in for questioning and I answered their questions and guess what? I was arrested and now I have charges. When you represent them after they already have been interviewed, as an attorney, you are now stuck with the answers they gave to those questions that preceded their arrest. This is a terrible disadvantage.

    Interviewer: So even before Miranda Rights are read to you, you can always say I want to speak to my attorney first?

    Michael: Correct. Its very, very important to keep that in mind.

    Interviewer: I think thats what a lot of people dont know.

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    What It Really Means When Police Just Want To Talk

    Receiving a call from a police officer who says they just want to talk is unsettling at best, and terrifying at worst.

    If you have been contacted by the police and they tell you they just want to talk, contact a lawyer first. Hiring a lawyer could be the difference between you walking out of the police station with your freedom, versus spending the night in jail.

    If youve been contacted by the police in or around Gillette, Wyoming, before calling them back, call an experienced criminal defense lawyer like Christina L. Williams first.

    Can Police Get To Private Possessions

    The Fourth Amendment protects the right to of people “to be secure in their persons, house, papers, and effects.” So, possessions that are stored in a house, dwelling, or other building are generally considered to be private. If the police have to enter a building in order to get a look at something, they generally need a search warrant to do so.

    However, there are situations where police can search and seize property without a warrant. Timely searches to prevent destruction of evidence are allowed because the situation demands prompt action by the police.

    In general, law enforcement officers have been allowed to take aerial photographs from above a home. New drone technology has made this a controversial issue, however, as the quality and precision of drone photography seems to intrude upon privacy. A recent court decision found that low-flying drone photography could trigger the requirement for a warrant.

    Technology can also be used to eavesdrop on conversations, but courts have set limitations. When listening to conversations, police cannot use hi-tech equipment to listen in private places without having a warrant. Otherwise, that act of surveillance is considered an illegal search.

    Generally speaking, the more sophisticated the listening or photography equipment, the more likely it will be that the police will be required to obtain a warrant using it.

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    Why Police Reports Matter

    Police reports are public records and in some states they may be viewable by just about anybody. Usually there are restrictions on how those records can be used, particularly by employers, landlords, and financial institutions. As already mentioned, police reports are particularly usefuland they may even be necessarywhen filing a claim with your insurer. The contents of a police report are important, so you need to make sure that any police report pertaining to you is accurate and does not cast you in an unnecessarily bad light.

    Q: Do I Have The Right To Talk To A Lawyer Before Answering Any Law Enforcement Officers Questions Or Signing Any Immigration Papers

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    A: Yes. You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention. You have the right to have your attorney with you at any hearing before an immigration judge. You do not have the right to a government- appointed attorney for immigration proceedings, but immigration officials must give you a list of free or low-cost legal service providers. You have the right to hire your own immigration attorney.

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    Traffic Collision Reports Available Online

    LexisNexis, a commercial vendor, provides police reports for vehicular accidents. Police departments that use this service are able to capture crash data at the scene, and a full report is then available to permitted persons within 24 hours after law enforcement generates the report. This service is generally only available to named parties, that is, the persons who were involved in the accident, as well as commercial account holders, for example, lawyers and the the police department itself. To search for your report, enter your state and jurisdiction, and any of the following:

    • Full name and date of incident
    • Full name and address
    • Report number

    Not all police departments make their reports available through third-party vendors. The police department, rather than LexisNexis, sets the fee for the report, but you remit payment to LexisNexis.

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