A new bill would require increased reporting on how this technology is used.
Undoubtedly, the police must use surveillance technology in order to perform their jobs. To catch criminals or prevent crimes, they often need to use surreptitious methods, such as wiretapping, to investigate crimes. As long as they have the proper warrants, California courts often permit this type of surveillance.
However, as times have changed, so has the technology that the police use to surveil citizens. The type of crimes that have become more common are often more sophisticated and use computers and the internet more — which necessitates the police using different techniques to investigate these crimes. Yet in California, the problem has become that — despite a law that requires law enforcement agencies to report what types of surveillance technologies they are using — we have no idea what these technologies are.
There is a law in place that mandates that police and sheriff’s departments across California must report to the California Legislature, in a public hearing, about their use of surveillance technology. However, in reality, this rarely happens. According to a recent Los Angeles Times report, it is either is slow to happen, or it never happens at all. This leaves Californians without information about how exactly the police are using technology to watch them.
One state legislator, Senator Jerry Hill, has introduced legislation that will once again require law enforcement agencies to list all of their surveillance technologies. It will also require them to create public policies for their use of this technology. In addition, these agencies will have to submit to a regular hearing where they will testify about the use of this technology and a proposed surveillance use policy. If the policy is not approved, the surveillance technology cannot be used after 30 days.
According to an Orange County criminal defense attorney, understanding how law enforcement uses surveillance technology is important to defendants in criminal cases. Knowing in advance the types of surveillance that law enforcement may be using can help an attorney get a better working knowledge of the technology, which may enable him or her to better question experts about its use. It is also vital to be able to question its use in a particular case, as these types of technologies are often very invasive, going far beyond traditional forms of surveillance. In these situations, a more significant breach of privacy may require a heightened level of probable cause in order to justify a warrant — a legal argument that a seasoned Orange County criminal defense attorney can explore based on the type of surveillance used and the facts of the case.
Surveillance technology will continue to evolve, and the law may be slow to catch up. Having an aggressive Orange County criminal defense attorney can help protect you from overly zealous law enforcement and prosecutors. If you have been charged with a criminal offense, the experienced attorneys of the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
