¶ … surveillance and the advantages and/or disadvantages of each. Police surveillance usually falls into two basic categories, electronic and non-electronic forms of surveillance. Electronic surveillance may include wiretapping of phone records (with a court warrant), the general use of metal detectors and closed-circuit video cameras in commonly...
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¶ … surveillance and the advantages and/or disadvantages of each. Police surveillance usually falls into two basic categories, electronic and non-electronic forms of surveillance. Electronic surveillance may include wiretapping of phone records (with a court warrant), the general use of metal detectors and closed-circuit video cameras in commonly trafficked high-risk areas such as airports, schools, and courtrooms, or covert photography, such as satellite photography of suspect areas (Gelbspan, 1998).
Non-electronic forms of surveillance might include "Donnie Brasco"-like infiltration of renegade groups by undercover agents, the use of police informants or simply unmarked police cars and officials within common areas. The advantage of general surveillance conducted through detectors and cameras is that it may act as a visible deterrent for many would-be criminals. The disadvantage is that these forms of surveillance can be easily bypassed if they are used carelessly by security staff or if criminals observe how they are used and try to circumvent them.
Specifically targeted surveillance of known criminals through wiretapping and photography usually requires a warrant and is more costly, and the use of undercover agents or informants may put the informing individual at risk. Question Compare the procedures for assembling a photo array lineup with those of an in-person lineup. What are the similarities and differences? For what purpose would you use each one? Before a suspect has been apprehended, a witness may be shown a photo array of possible suspects who fit the description of the individual.
The image of the suspect will be included amongst an array of individuals with similar features, and in similar positions. The officer must be careful not to bias the witness to pick one particular photograph over another photograph. Photo lineups may also be used if the subject is a child, or someone who may have emotional trouble viewing the suspect in person.
After a suspect has been apprehended, an in-person lineup may be used, in which the suspect will be presented to the witness, again, with individuals of similar coloring, build, etc. This has the advantage of showing the suspect in different profiles. But there have also been accusations that in-person lineups may be biased, if they present the suspect with persons who are not sufficiently 'like' the accused.
Also, the use of double-blind presentations, where the officers conducting the lineup do no know who the suspect is, might be advisable to dilute the potential for biased or swayed eyewitness identification.
Although in-person lineups are likely to be more accurate because they will not contain the possibility of 'bad' photographs swaying the witness, which is especially problematic if the photo line-up is of 'mug shots,' 'live' lineups also have more of a potential for bias by the body language of the officer conducting the investigation, thus this must be guarded against. Question Discuss the protections afforded by the Fourth Amendment and give an example of how investigators may constitutionally gather evidence and not violate it.
The Fourth Amendment protects citizens against illegal searches and seizures, and an investigator cannot use the fruit of the poisonous tree, or illegally obtained evidence, in presenting a case. There is a good faith exception to.
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