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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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If you are under an investigation for a criminal misdemeanor

Resolved Question:

If you are under an investigation for a criminal misdemeanor can they tap your phones easily. Im curious since 911 homeland security have the privacy rights have been made less lenient to easily tap lines. Keep in mind its a simple crime but they used helicopters for this investigation.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Joseph replied 1 year ago.

If there is an active criminal investigation, it is possible to obtain a warrant, this is true regardless of the level of the suspected offense. Having said that, it would be unlikely that a warrant would be obtained for a misdemeanor offense. First, law enforcement officers rarely expend that much time to investigate misdemeanors, it just isn't considered worth the effort. Second, keep in mind that a judge would need to sign off on the warrant and part of the judge's analysis would involve a balancing test between the invasion of the suspect's privacy and the protection of society. If the suspected activity is only a misdemeanor, then there isn't much "protection of society" to be concerned with.

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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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