1 Book Cover Here Copyright © 2014, Elsevier Inc. All Rights Reserved PART C FOLLOW-UP MEASURES: REAPING INFORMATION Criminal Investigation: A Method for Reconstructing the Past, 7 th Edition

2 Book Cover Here Copyright © 2014, Elsevier Inc. All Rights Reserved Chapter 8 SURVEILLANCE A Fact-finding Tool – Legality and Practice Criminal Investigation: A Method for Reconstructing the Past, 7 th Edition

3 Copyright © 2014, Elsevier Inc. All Rights Reserved 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

4 Copyright © 2014, Elsevier Inc. All Rights Reserved Surveillance Stationary or Fixed Moving – Vehicle – Foot – Underwater Electronic or Technical – Eavesdropping – Tracking – Visual and infra-red optical devices

5 Copyright © 2014, Elsevier Inc. All Rights Reserved 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

6 Copyright © 2014, Elsevier Inc. All Rights Reserved Wiretapping 1928 Supreme Court decision concluded wiretapping did not constitute unlawful search and seizure Federal Communications Act of 1934, specifically Section 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

7 Copyright © 2014, Elsevier Inc. All Rights Reserved 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

8 Copyright © 2014, Elsevier Inc. All Rights Reserved 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

9 Copyright © 2014, Elsevier Inc. All Rights Reserved Tactics Loose Surveillance Close Surveillance Stop and Frisk Planning Preparation – Familiarization – Equipment – Blending In Discontinuing the Surveillance

10 Copyright © 2014, Elsevier Inc. All Rights Reserved 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

11 Copyright © 2014, Elsevier Inc. All Rights Reserved 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.

12 Copyright © 2014, Elsevier Inc. All Rights Reserved 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