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Surveillance / Monitoring type of warrant - does it exist?

Discussion in 'Criminal Procedure, Criminal Court' started by Winston Bradbury, Sep 21, 2019.

  1. Winston Bradbury

    Winston Bradbury Law Topic Starter New Member

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    Jurisdiction:
    Arizona
    Is there any type of situation that might lead to a person or group of people possessing the legal right to covertly (no consent) electronically monitor (video, audio, including in-home cameras or audio recorders) an individual?
    For example, any type of video device installed in the home or automobile of a person that was totally without their consent - giving the controller of such a device the ability to see them even inside the complete expected privacy of their own home/bedroom/bathroom the whole 9 yards.

    For the purpose of this question, let's say that anything set up by family, spouse, etc., is not in scope. In other words, this isn't one of those "is my spouse legally allowed to put a gps tracker on my car?" questions. This isn't about that.

    Is there any legal situation or set of facts/events that could lead up to that actually being legitimate? Or is it pretty safe to assume that if someone were doing that to me, it couldn't possibly be legitimate and legal without there having been a court proceeding at least of SOME kind that I would know about?

    Please don't respond if you're overly distracted by the urge to just mock this question as paranoid or silly or ridiculous. I'm looking for someone capable of addressing the essence of the question - are there circumstances that could actually lead to this being a plausible state of affairs? If so what are they??!
     
  2. justblue

    justblue Well-Known Member

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    Local, State and Federal Law Enforcement are able to video/audio a suspects home/car/business without their consent.
     
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  3. Winston Bradbury

    Winston Bradbury Law Topic Starter New Member

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    Interesting opinion I've never heard that before. How do warrants factor in?
     
  4. Winston Bradbury

    Winston Bradbury Law Topic Starter New Member

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    clarifying... Im referring to inside, something that wouldn't have happened without covert entry and installation not just from the outside.
    Because from the outside anyone is allowed to do that.
     
  5. Tax Counsel

    Tax Counsel Well-Known Member

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    In general the government needs to obtain a warrant prior to recording private conversations or activity in areas where there is an expectation of privacy, like recording what goes on in someone's home or the private (non public) areas of a business. The government may, if it can make the necessary showing to a judge, wiretap the phones and install listening devices in those private areas, sometimes for extended periods of time. You mostly see that in investigations of organized crime, investigations of terrorist organizations, espionage investigations, etc.
     
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