Many individuals tend to be surprised that wiretapping is in fact a crime in the state of California. The reason that this is surprising is that a private citizen can actually be charged for wiretapping and pay a fine of up to $2,500 and/or three years in jail for those who are convicted of a felony rather than a misdemeanor. Due to the severity of these consequences, it is critical that you ensure that you are not guilty of wiretapping and that you have a comprehensive understanding of what wiretapping truly is.
Wiretapping occurs when a private citizen or law enforcement officer listens in on private phone conversations without the other individual’s consent. What is important to understand when it comes to wiretapping offenses is that law enforcement officers have different rights than private citizens in this regard. For example, it is absolutely illegal for a private citizen to wiretap another individual’s phone conversations. That being said, law enforcement officers are permitted to do so if they can obtain a valid court order from a judge presenting probable cause for their suspicions of illegal activity that warrant wiretapping. Furthermore, law enforcement officers are required to give the party adequate notice that they will be wiretapping their phones and are not permitted to listen in on prisoner’s phone conversations with their lawyer, religious advisor or physician. What is important to understand about wiretapping from private citizens or law enforcement is that it is illegal to present this evidence in court if the evidence received as a result of wiretapping was done so without a court order for law enforcement officers or without permission from a private citizen.
If you are a private citizen or a law enforcement officer that has been charged with violating violating wiretapping provisions within the state of California, it is highly recommended that you find adequate legal counsel to represent you. The reason for this is that there may be several defenses available to you that could greatly assist your overall case. Given that the United States in general takes illegal search and seizure cases very seriously due to the provisions outlined in the Fourth Amendment of the United States Constitution, it is critical that you have a very strong case to counter your charges of illegal wiretapping.
Our firm specializes in assisting both private citizens and law enforcement officers that have been charged with illegal wiretapping within the state of California. If these circumstances apply to you, it is highly recommended that you arrange for a consultation appointment with one of our advisors. Additionally, we can also assist you if you or a relative has been wiretapped illegally and want to seek legal action. By coming in for a consultation, we can assess whether you have a valid claim for relief or can assess the charges that have been brought against you. Then, we will decide if your case is an adequate fit for our firm at the current moment. Thus, do not hesitate to reach out to us today. We would be absolutely elated to assist you with your upcoming legal matter.