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PART C

FOLLOW-UP MEASURES: REAPING INFORMATION

Criminal Investigation: A Method for Reconstructing the Past, 7th Edition

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Chapter 8

SURVEILLANCEA Fact-finding Tool – Legality and Practice

Criminal Investigation: A Method for Reconstructing the Past, 7th Edition

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Surveillance

• Surveillance is expensive (long work hours, equipment, and time must be invested)

• Requires a high degree of expertise• Private eyes• “Street smart” detectives• Investigators• Court ordered surveillance actions

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Surveillance

• Stationary or Fixed• Moving

– Vehicle– Foot– Underwater

• Electronic or Technical– Eavesdropping– Tracking – Visual and infra-red optical devices

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Surveillance: The Legality Issue• Fixed and Moving Surveillance • Electronic and Technical Surveillance and the

USA PATRIOT Act – Wiretapping– Mail Covers– Bugs, Pen Registers, Beepers

• Monitoring Conversations• Monitoring Telephone Usage• Monitoring Movement of Vehicles and Items of

Commerce– Visual and Sound Enhancement Devices

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Wiretapping• 1928 Supreme Court decision concluded

wiretapping did not constitute unlawful search and seizure

• Federal Communications Act of 1934, specifically Section 605

• 1968 Omnibus Crime Control and Safe Streets Act– For the first time, law enforcement personnel were

authorized to wiretap and conduct other kinds of electronic surveillance

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Monitoring Phone Usage

• Pen registers record all numbers dialed on a phone by monitoring electrical impulses

• 1977 Supreme Court Decision; Federal Rule Crim. Proc. 41

• Smith v. Maryland: use of a pen register is not a search and no warrant is required

• Comments made within jail, overheard by electronic monitor, are admissible in court

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Practical Considerations• Surveillance is seldom the task of one person• Strength of technology needed for surveillance is based

on the type of investigation and size of department• Attributes to consider when selecting members of a

surveillance team– Exceptional common sense and good judgment– An ability to operate both independently and as a team

member– A proven track record as to dependability and presence of

mind in times of high stress– “Street savvy,” a “gift of the gab,” extreme patience

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Tactics• Loose Surveillance• Close Surveillance• Stop and Frisk• Planning• Preparation

– Familiarization– Equipment – Blending In

• Discontinuing the Surveillance

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Tactics

• Loose Surveillance– Objective is to locate a suspect by tailing his or her

relatives and friends– The surveillant exercises great caution while observing the

subject, preferring to drop the tail rather than risk detection or exposure

• Close Surveillance– Aim is to avoid losing the subject regardless of risk of

detection or exposure– Particularly useful on those who are only peripherally

connected with the subject or the crime

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Electronic Surveillance

• Procedure for Interception of Wire or Oral Communications– Electronic Communications Privacy Act of 1986

• Computer Surveillance – Monitoring bulletin boards, chat rooms, social

networking sites, etc.

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Conclusion

• Surveillance used to be more of an “art” … now more of a “science”

• Technology enhances “shoe leather” investigative techniques

• Combination of tools and techniques critical to quality investigation