Can the police tap into your cell and home phones without your consent and if so do you have the right to sue?

Answer 1

Well, you always have the right to sue, no matter what.

However, there had to be a court order signed by a judge to tap your lines. The police had to show just cause.

So you can sue, but you are most likely not going to win.

M

Answer 2

They can only do so with a court authorised search warrant.

In some cases a search warrant is not required, such as where consent is given by a person in control of the thing to be searched.

Another exception is when evidence is in "plain view" - if the officer is legitimately on the premises, his observation is from a legitimate vantage point, and it is immediately apparent that the evidence is contraband, the officer is within his right to seize the object in question.

When police arrest an individual, they are also permitted to conduct a full search of the suspect's person, any area within that person's immediate reach, and any vehicle which they recently occupied, for weapons or other contraband.

If the subject is arrested in a home, police may search the room in which they were arrested, and perform a 'protective sweep' of the premises where there is reasonable fear that other individuals may be hiding. Searches are also allowed in emergency situations where the public is at risk.

Retrieved from "http://en.wikipedia.org/wiki/Search_warrant"

Answer 3

I am amazed at how many people here are talking about the Patriot Act when it is obvious that they have never even read it.

Even if you are a suspected terrorist then they will get a court order.

There is criteria-based monitoring that occurs - such as the system where anybody who made a call to or from a telephone number known to be associated with terrorists were automatically recorded. If you have a problem with this - then you need to stop making phone calls to Al Quaeda.

Answer 4

Generally no, without a special wiretap warrant (which they don't have to provide to you) (except if the person on the other end is authorizing them to listen in; in most states, that's sufficient).
And yes, without probable cause, exigency, etc., that is technically a search in violation of the Fourth Amendment. I would get a referral for an attorney who does "1983" cases (named after 42 U.S.C. s. 1983, the federal civil rights statute providing civil actions for civil rights violations against public officials).
But, of course, there may be more here than you know. And if you're being investigated for a crime, I'd get a criminal attorney NOW.

Answer 5

Depends where you live but- YES ,and you cannot sue too easily as they get a court order(for which they need to show a just cause to tap your phone) which allows them to listen in on cell and home as well as business phones.

Answer 6

Of course they can tap your phone w/out your consent. But, to be legal, they need a warrant and consent from a judge. They need probable cause to get that warrant.

The police doesn't have time and manpower to randomly tap your phone. They will go after people they think are committing or plotting crimes.

Answer 7

Normally they must have a warrant, but with the Patriot Act if they believe you may be a terrorist of someone connected to them they may tap your phone without a court issued warrant. If you are later charged with something, and it is a non-terrorist charge; they can not use the phone tap data in court against you. However, again because of the Patriot Act you discovered the used the phone tap information to find other things to build a case against you for something non-terrorist, you would be screwed. Because they can claim their initial thought in doing the tap was because they thought you where a terrorist or connected to one. Yes, America is now truly the home of the free. Please join me in thanking our President. Hope this helps, John

Answer 8

The police always had the right to tap your phone if they suspected criminal activity but they needed to get a warrant from the courts first. That is no longer true since the "Patriot Act" the government can tap your phone anytime they want and do not have to provide a reason.

Answer 9

Anyone can listen to your cell phone conversations, all they need is a scanner and the right frequency, these are RF signals and a scanner from Radio Shack and frequencies you can probably get on the net will let you listen to anybodys cell conversation.

Answer 10

Why are you worried about this unless you are doing something you shouldn't be doing? Anyone can listen in to a phone conversation. If you have a cordless phone, for about 100 dollars, I can sit and listen to your every conversation. ANy civilian can.