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Evidence Gathering Techniques

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Subpoena of Documents

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Subpoena of Documents compels the production of records or papers relevant to a legal investigation or trial. It is legal when properly issued and relevant to the case.

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Wiretapping

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Wiretapping is the secret monitoring of telephone and Internet communications, often requiring a warrant. Legality depends on adherence to laws such as Title III of the Omnibus Crime Control and Safe Streets Act of 1968.

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Interrogation

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Interrogation is the process of officially questioning suspects or witnesses. Legal as long as the individual's rights, such as Miranda Rights, are upheld.

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CCTV Surveillance

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CCTV Surveillance employs video cameras to monitor a place for security purposes. It is legal as long as it's disclosed and in compliance with privacy laws.

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Search and Seizure

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Search and Seizure is the process of police searching property and confiscating evidence. It is legal with a valid warrant or in certain exigent circumstances.

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Undercover Operations

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Undercover Operations involve law enforcement officers disguising their identity to investigate. Legal if properly authorized and does not provoke crime.

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Entrapment

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Entrapment occurs when law enforcement induces a person to commit a crime they otherwise wouldn't have. This technique is considered illegal and a defense to criminal charges.

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Canvassing

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Canvassing involves systematically contacting people in an area to gather information. Legal as long as it is not harassing or violating privacy.

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Expert Witness Testimony

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Expert Witness Testimony involves professionals giving specialized knowledge in court. Legal and admissible when it meets the qualifications of an expert by the court.

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Sting Operations

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Sting Operations are deceptive operations designed to catch a person committing a crime. Legal when there's no entrapment and with proper oversight.

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Forensic Analysis

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Forensic Analysis refers to the scientific examination of physical evidence in a laboratory setting. It is legal, often crucial in criminal cases.

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Informant Testimony

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Informant Testimony relies on information provided by a person with access to criminal activity. Legal, but credibility can affect admissibility and weight.

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Cyber Forensics

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Cyber Forensics is the analysis of digital devices and data to uncover electronic evidence. Legal with proper search warrants or consent.

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Direct Observation

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Direct Observation involves collecting evidence firsthand through personal witness or sight. It is legally admissible as long as it does not violate privacy laws.

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Physical Evidence Collection

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Physical Evidence Collection involves gathering tangible objects at a crime scene. Legal as long as the collection does not violate the Fourth Amendment.

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DNA Profiling

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DNA Profiling involves analyzing genetic material to identify individuals. Legal when conducted with appropriate consents or warrants.

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Photographic Evidence

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Photographic Evidence involves images captured to document a scene or item. Legal when it fairly and accurately represents the evidence.

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Eyewitness Testimony

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Eyewitness Testimony is evidence provided by individuals who directly observed an event. It is generally legal but scrutinized for reliability.

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Covert Surveillance

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Covert Surveillance is the secret observation or recording of individuals without their knowledge. It's legal under certain circumstances, and with judicial oversight.

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Electronic Eavesdropping

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Electronic Eavesdropping involves secretly listening to or recording conversations. Legal if court-ordered or with one-party consent, depending on jurisdiction.

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Trash Pulls

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Trash Pulls involve searching and collecting a person’s discarded items. Legal because there is no expectation of privacy in trash left for collection.

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Social Media Monitoring

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Social Media Monitoring is the observation and analysis of social media activity. Legal when it involves publicly available information or with proper legal authority.

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Asset Tracing

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Asset Tracing is used to uncover financial transactions and holdings to evidence financial crimes. It is legal when performed with requisite authority or subpoenas.

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Decoy Operations

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Decoy Operations use of strategic placement of goods or people to catch criminals. Legal when it does not invite or induce the crime (similar to entrapment concerns).

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Handwriting Analysis

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Handwriting Analysis compares handwriting samples for forensic purposes. Legal and used to verify document authenticity or authorship.

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Pattern Recognition

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Pattern Recognition involves identifying repeated behaviors or activities indicative of criminal activity. Legal as long as it relies on legally obtained evidence.

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Drug Testing

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Drug Testing involves analyzing biological samples for illegal substances. It's legal when conducted under policies like for workplace safety or by law enforcement with cause.

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Undercover Online Engagement

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Undercover Online Engagement involves law enforcement interacting online without revealing their true identity. Legal as long as it does not constitute entrapment.

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Voir Dire

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Voir Dire is the process of questioning potential jurors for biases. Legal and is a fundamental part of the jury selection process in trials.

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Polygraph Testing

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Polygraph Testing involves measuring physiological responses during questioning. Its legality varies, and it is typically inadmissible in court due to reliability concerns.

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