Wednesday, September 28, 2022

How To Tell If The Police Are Investigating You

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Third Sign: A Persons Accounts Are Frozen

Delane Gordon’s traffic stop gone wrong Under investigation

In rare cases, a person may receive notification from a utility company or bank that states that their information was shared. This situation is rare because these companies are not supposed to contact the person. However, if someone receives this type of notification, this is a red flag that some government agency is looking into the persons information.

Can I Be Placed At A Crime Scene With Nothing More Than Cellphone Recordsanswer:

Yes, you can. However, the use of cellphone records to place suspects at or near crime scenes is coming under attack in courts nationwide. Cellphone records are often used as evidence, relied upon to trace which cell tower was used to make or receive a call and then determine a callers whereabouts. But experts say that using a single tower to precisely locate where someone was at the time of a crime has severe limitations. And while good criminal defense lawyers now recognize the problems with such evidence, the FBI continues to rely heavily on this form of evidence in its investigations. As a Jacksonville criminal defense lawyer, I have argued the unreliability of this type of evidence.

In fact, the FBI wants to expand its full-time team of 32 agents dedicated to the analysis of cell-site data and it has trained more than 5,000 state and local police investigators in the basic methodology. But the expert testimony in court is often incorrect and judges are starting to rule that the analysis of cellphone records is not scientifically valid or reliable in locating people, in part because investigators have overstated its accuracy.

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What To Do When You Are Under Investigation

If you know you are under investigation by the police, remember that police can and do lie during investigations and that cooperating will often not help you, but only hurt your case. Learn, memorize and always invoke your rights when dealing with the police. Never speak to the police without your lawyer present and never consent to a warrantless search of your property. Call a criminal defense attorney as soon as possible.

You can schedule a free initial consultation with Peter M. Liss today by calling 643-4050 to schedule a free initial consultation.

The Experience You Need

I have been practicing law for over 35 years, and opened my own law firm in 1998, after serving as Assistant Supervising Public Defender for the Vista Public Defenders Office. I have defended many high profile cases in my career, fighting charges ranging from drunk driving to capital murder.

Two Easy-to-Find Offices

My Vista offices are located just off the 78 freeway, directly across the street from the local courthouse and jail facility. For those further south, I have another office in Carmel Valley, off the 5 freeway and highway 56. Both offices offer free parking.

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What Should Someone Do After They Are Arrested For Dui/ovi In Ohio

Just like in a criminal case, people like to try to help themselves by trying to talk to the police. They will say, for example, I only had a couple or I didnt drink that many, but what happens then is that statement I only had a couple comes into trial is they admitted to drinking.

It gets subtly shifted and it ends up hurting them. The best thing to do, just like in a criminal case, is just not make any statements without talking to an attorney.

Pleading Guilty Is Not The Best Approach Because You Always Want To Take The Chance To Try To Get A Better Resolution. There Are Many Cases Where You Can Work Out A Reduced Charge, Or Some Lower Punishment.

One Common Resolution To A Case, If It Is A First DUI With No Prior Criminal History, An Attorney Can Have It Reduced To Reckless Operation Or Called A Physical Control Which Is Being In Physical Control Of The Vehicle Under The Influence But Not Actually Driving Which Is No Points On Your License. It Is Not A Moving Violation And It Does Not Affect Insurance The Same Way. It Has A Much Better Result Than A Straight OVI. So You Always Want To At Least Take A Chance To Pursue Those Opportunities.

You Have The Right To Look At Any Search Warrants

Does the public still trust the police?

If the cops ever show up at your house and claim to have a search warrant, you can exercise your right to actually read said warrant. âYouâre welcome to read at your leisure,â Christopher Hawk, a retired member of the police force, noted on Quora. âIf the warrant turns out to be defective, you have remedies available through the court system. Evidence can be thrown out, civil suits can be brought against the department, etc.â Just bear in mind that the police donât have to wait for you to read the warrant before entering your home.

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Make Sure That You Really Are Under Investigation

Sometimes, if we already have a preconceived notion in our mind, we tend to interpret things to coincide with that notion. So before you panic and do something you might regret later on, make sure that you really are being investigated.

Talk to your neighbors, friends, and family members and ask them if someone has inquired about you the past few days. And if so, what kind of questions they were asking. If you want to, you can install a CCTV camera on your front door or your porch. This can help confirm if there really are people watching over your home.

Right To Legal Representation

According to the Sixth Amendment of the United States Constitution, anyone accused of a crime has the right to an attorney. As such, it is crucial that you contact a qualified legal representative as soon as possible in the event you believe you are being investigated. The earlier legal council is involved in your case, the more prepared they will be to protect you and your rights.

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Your Rights During A Police Investigation

Youre entitled to:

  • be kept updated by the police on the investigation
  • be told when a suspect’s been arrested and charged
  • be told whether or not the suspect will be taken to court
  • ask for a review if youre the victim of a crime and the CPS or police decide not to prosecute a suspect
  • apply for compensation under the Criminal Injuries Compensation Scheme, depending on the crime

You can read about all your entitlements as a victim or witness of crime in the Victims’ Code and the Witness Charter.

A Police Officer Can Give You A Speeding Ticket Based On Their Visual Observations Alone

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Believe it or not, a police officer doesn’t need to use a speed gun in order to determine whether or not you’re driving above the speed limit. Rather, New York attorney Michael Kramer notes that “it has been held that the opinion evidence of a police officer, uncorroborated by any other mechanical device, will be sufficient to sustain a speeding conviction.” Yes, you read that right: So long as the court finds that an officer is qualified to gauge speed visually, then their testimony against you is enough to make a speeding ticket valid.

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Targeted By Law Enforcement

Law enforcement may target someone for investigation if they have received information that the person was involved in a crime. This information can come up in several ways, including being named or matching the description of someone that is believed to be involved in a crime. Most often, an investigation will commence because someone saw a person do something or accused the person of doing something.

A person may also be investigated if their name, property they own, or accounts that are related or tied to them pop up in the course of a criminal investigation. In certain circumstances, if a crime or fraudulent activity is committed but who is doing it is not immediately seen, then police will focus on the person if their name comes up as they come across documents or accounts or transactions that they are involved in.

Ways To Know If Someone Is Watching You On Your Camera

You may be familiar with Zoom Bombing , where hackers interrupt online meetings with all sorts of spam. Whether this has happened to you or someone you know, in this era of video chatting and social media live streaming, your computers webcam can never be more relevant.

But, just like any other tech devices, webcams are prone to hacking, which can lead to a serious, unprecedented privacy breach. Think of a case where an authorized person accesses and illegally takes control of your webcam, without your knowledge. Such a person will effortlessly spy on you and the people around you. And, depending on the value and quantity of data stolen, there can be dire repercussions on your part.

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Searching Social Media And Other Records

Detectives could also search a persons social media sites or other websites where individuals discuss potential crimes with others for evidence that a crime was or is about to be committed. They may also obtain a warrant to get an individuals cell phone, financial, or other records from businesses or other parties.

And Even If You Were Arrested There Are Things That You Can Say Before Being Read Your Rights That Are Admissible In Court

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Most of the things you say before being read your Miranda rights are considered inadmissible in court. However, Michigan criminal lawyer and defense attorney Patrick Barone notes on MirandaWarning.org that there are some exceptions to this rule. For instance, “if a statement is made that admits to crime was not made in response to a question,” then the police can use that admission against you in court.

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How Do Miranda Rights Come Into Play

The person should be read their Miranda rights upon arrest, if not immediately thereafter. The Miranda rights state that, You have the right to remain silent. Anything you will say or do will be used `against you and that you have the right to a lawyer et cetera. Everything that we hear, that we had seen on TV, or read, is something that should be told to the person if not at arrest, then immediately thereafter because those would be the persons rights, particularly the right to remain silent and not say anything. These would be constitutional rights that would be key to any type of criminal matter.

You Always Have The Right To An Attorney

Whether or not you are under investigation, you have the right to an attorney. You may worry that hiring a lawyer during a criminal investigation will make you look guilty. This is not true. It will make you look like you are aware of your rights and will take the necessary steps to uphold them. It will look like you are not going to let the police try to intimidate or manipulate you.

You have the right to an attorney at all times, including any time a detective, officer, or agent wants to question you. You can and should hire a lawyer before participating in a police investigation.

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Not All States Require That You Show An Officer Your Identification

Of course, when you’re traveling internationally, you are legally obligated to show authorities your identification. However, when it comes to identifying yourself within the States, whether you are legally required to show an officer your ID is determined by each state.

In Alabama, for instance, the law states that a sheriff or any other officer of the law can “stop any person abroad in a public place whom he reasonably suspects is committing, has committed, or is about to commit a felony or other public offense and may demand of him his name, address, and an explanation of his actions.” But over in Maryland, an officer can only ask for identification if they believe that a person “may be wearing, carrying, or transporting a handgun.”

Regardless of which state you’re in, keep in mind that you are never obligated to identify yourself to an officer if they have no reason to suspect you of committing a crime.

What Will Happen If The Police Charge Me

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The decision to charge any person with an offence is usually taken by the CPS. If the CPS decides there is sufficient evidence to charge you with an offence then you will be taken before a custody sergeant who will read out the alleged offence to you. You will be given a date to appear before a Magistrates Court at some time in the days and weeks following. Your fingerprints will be recorded and you will be photographed. If you are charged with an offence, this is simply a formal accusation. It does not mean you have been convicted of that offence. You are entitled to dispute the facts of the case by pleading ânot guiltyâ at Court and having a trial.

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Can I Find Out Why The Police Were At My Neighbors House

If you are friendly enough with your neighbor you can certainly ask and offer your assistance if its needed. You may of course be told to mind your own business so be prepared for that.

If your neighbor was arrested, then there will be a public report published online.

Each state and each county will have their own website for that information. Some examples are

What Does Being Released Under Investigation Mean

In 2017, major legislative changes were made restricting the ability of the police to place release suspects on bail. Following interview, most people are now âreleased under investigationâ. This simply means that the police will continue to investigate the allegation but you have no obligation to return to the police station. You simply wait for the police to contact you to inform you about the outcome.

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Second Sign: Police Requested Information From A Persons Friends

Another sign that a person may be under investigation is if they have a friend, coworker, or someone else in their life that was contacted by law enforcement requesting information about them. In this situation, you can assume that authorities want to speak with colleagues to see what information they can obtain about you. When this occurs, it is generally a major sign of a pending investigation.

When Does The Police Use The Digitpol Database

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The Digitpol database is a database of luxury vehicles that have gone missing.

The wealthy report their missing boats, cars, speedboats, motorcycles, race cars, etc., to their local police. The police will add it to this database.

One of the essential features of using this database is an international database.

When luxury vehicles go missing, they are illegally exported and taken to other countries instead of a couple of miles away.

A criminal organization likely performs the exportation. They will have an entire operation and have probably paid off border agents and other officials.

When police discover stolen luxury vehicles from a different country, they will use the digital database.

They can look up records, find out who used to own the vehicles, and get in touch with the police from the owners area.

How the police investigate a stolen luxury vehicle depends on the information they have from the digital database.

The database sends out an alert about the stolen vehicle several times a day. It will send out the VIN, make, model, license plate, country, and cars color.

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No Search Without A Warrant

Law enforcement officers must be in possession of a warrant from a judge in order to legally search your home or seize your property as evidence. You do not need to let any officers into your home if they cannot provide such documentation, even if they try to intimidate you into granting them entry. You can speak clearly through the closed door if you do not feel safe opening it, demanding to see a signed warrant and denying entry if they cannot provide one.

Can My Accounts Be Frozen During A Criminal Investigation

Depending on the nature of the offense you may be subject to certain legal action prior to a charge being brought or during the course of an investigation after the charges are being brought. If you are charged with any financial crime or a white-collar crime, your accounts or assets may be frozen during the course of your investigation. If this occurs, contact an attorney right away.

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Signs That You Are Under Investigation

If you, your friends or family members notice that there are law enforcement officers vehicles either marked or unmarked parked near you, that could be a sign you are being investigated. Another sign would be if individuals are approaching your friends and family or approaching you to ask questions.

These individuals asking questions could be police officers, or they could be informants. An informant is someone working for the police and would not be dressed in uniform, so they would be less obvious The important thing to remember is that people asking questions, especially unusual questions concerning criminal activity, could be a sign that you are being investigated.

Other signs that you are being investigated could include unusual phone calls, text messages, and friend requests on any kind of social media account. Anything that would cause you to be suspicious, like a break in your daily routine or the daily activity of your friends and family would be something that will be worth noting. You will want to know not only when this happens, but where it happens, and how frequently. Then, you should bring this information to an attorney to ask them whether there is any basis to believe that you are under investigation with these facts in mind and with these instances in mind.

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