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The legality of wiretapping

Someone recently asked me a question about “wiretapping” in regards to a potential criminal defense case against them. Wiretapping techniques may be a good way for the police to make their case; but in some cases, the wiretaps are either inappropriately used or improperly granted. Such circumstances can lead to an accused individual being let off, either with lesser charges or with the case against them being dropped entirely. Of course, this does not mean that every case that involves wiretaps was handled inappropriately by the police. It requires a skilled criminal defense attorney to investigate the circumstances of your arrest. If the police did not follow due process – may that be in regards to a wiretap, a lack of a warrant or the way they handled or impeded your rights – then the case against you may be dismissed. Other states are taking a step against the police when it comes to wiretapping, passing a law that explicitly bans wiretapping or cell phone tracking of any individual unless a warrant has been issued. The individual’s cell phone history and any current or future calls are inaccessible until that warrant is issued. In addition, the police must notify the individual in question that they’re electronic device is being monitored. One new proposed law in Maine could be a landmark moment, one that encourages other states like Pennsylvania to follow suit. If you have questions about wiretapping and mobile phone tracking, please call Pittsburgh criminal defense attorney Gary Gerson for a free consultation at (412) 281-3380 today.

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