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Evidence Gathering Techniques
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Subpoena of Documents
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.
Wiretapping
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.
Interrogation
Interrogation is the process of officially questioning suspects or witnesses. Legal as long as the individual's rights, such as Miranda Rights, are upheld.
CCTV Surveillance
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.
Search and Seizure
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.
Undercover Operations
Undercover Operations involve law enforcement officers disguising their identity to investigate. Legal if properly authorized and does not provoke crime.
Entrapment
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.
Canvassing
Canvassing involves systematically contacting people in an area to gather information. Legal as long as it is not harassing or violating privacy.
Expert Witness Testimony
Expert Witness Testimony involves professionals giving specialized knowledge in court. Legal and admissible when it meets the qualifications of an expert by the court.
Sting Operations
Sting Operations are deceptive operations designed to catch a person committing a crime. Legal when there's no entrapment and with proper oversight.
Forensic Analysis
Forensic Analysis refers to the scientific examination of physical evidence in a laboratory setting. It is legal, often crucial in criminal cases.
Informant Testimony
Informant Testimony relies on information provided by a person with access to criminal activity. Legal, but credibility can affect admissibility and weight.
Cyber Forensics
Cyber Forensics is the analysis of digital devices and data to uncover electronic evidence. Legal with proper search warrants or consent.
Direct Observation
Direct Observation involves collecting evidence firsthand through personal witness or sight. It is legally admissible as long as it does not violate privacy laws.
Physical Evidence Collection
Physical Evidence Collection involves gathering tangible objects at a crime scene. Legal as long as the collection does not violate the Fourth Amendment.
DNA Profiling
DNA Profiling involves analyzing genetic material to identify individuals. Legal when conducted with appropriate consents or warrants.
Photographic Evidence
Photographic Evidence involves images captured to document a scene or item. Legal when it fairly and accurately represents the evidence.
Eyewitness Testimony
Eyewitness Testimony is evidence provided by individuals who directly observed an event. It is generally legal but scrutinized for reliability.
Covert Surveillance
Covert Surveillance is the secret observation or recording of individuals without their knowledge. It's legal under certain circumstances, and with judicial oversight.
Electronic Eavesdropping
Electronic Eavesdropping involves secretly listening to or recording conversations. Legal if court-ordered or with one-party consent, depending on jurisdiction.
Trash Pulls
Trash Pulls involve searching and collecting a person’s discarded items. Legal because there is no expectation of privacy in trash left for collection.
Social Media Monitoring
Social Media Monitoring is the observation and analysis of social media activity. Legal when it involves publicly available information or with proper legal authority.
Asset Tracing
Asset Tracing is used to uncover financial transactions and holdings to evidence financial crimes. It is legal when performed with requisite authority or subpoenas.
Decoy Operations
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).
Handwriting Analysis
Handwriting Analysis compares handwriting samples for forensic purposes. Legal and used to verify document authenticity or authorship.
Pattern Recognition
Pattern Recognition involves identifying repeated behaviors or activities indicative of criminal activity. Legal as long as it relies on legally obtained evidence.
Drug Testing
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.
Undercover Online Engagement
Undercover Online Engagement involves law enforcement interacting online without revealing their true identity. Legal as long as it does not constitute entrapment.
Voir Dire
Voir Dire is the process of questioning potential jurors for biases. Legal and is a fundamental part of the jury selection process in trials.
Polygraph Testing
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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