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November 2014 Archives

Are more government agencies using undercover operations?

Answer:

Yes, they are. In a front page article in "The New York Times", dated November 16, 2014, the federal government has significantly expanded undercover operations in recent years, with officers from at least 40 agencies posing as business people, welfare recipients, political protesters and even doctors and ministers to ferret out wrongdoing. At the Supreme Court, small teams of undercover cops dress as students at large demonstrations outside the courthouse and join the protesters to look for suspicious activity. At the Internal Revenue Service, dozens of undercover agents chase suspected tax evaders worldwide, by posing as tax preparers, accountants, drug dealers or yacht buyers. At the Agriculture Department, more than 100 undercover agents pose as food stamp recipients at thousands of neighborhood stores to spot suspicious vendors and fraud. As a Jacksonville criminal defense attorney, I have seen undercover cops used in many different situations.

Can the police track my whereabouts when I use my cell phone?

Answer:

Without a search warrant police tracking is illegal . The Supreme Court of Florida, in Tracey v. State, ruled, on October 16, 2014, that the police cannot access real time cell site location information in order to track a person using his or her cell phone without first having probable cause to do so (and a search warrant). The Court held that a person has a reasonable expectation of privacy in the location signals transmitted by his or her cell phone - even on public roads. As a Jacksonville criminal defense lawyer, I can tell you that the police use this type of surveillance every day.

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