When talking on a tapped phone by police, and if buyer talks to the seller on his cell phone, and the buyer says "can u get some". Is that enough to get him arrested? To keep in mind, buyer didn’t mention the drug, or meeting, or names. Just the blunt statement "can u get some" and the seller responding with “maybe in a little while”. The seller's phone is tapped BTW.
2007-10-20 07:33:59 · 6 answers · asked by thegambler560 2 in Politics & Government ➔ Law Enforcement & Police
Also what are ur qualifications? I just want sorces. I wont trust some jock kid who's never done drugs in his life answering.
2007-10-20 08:01:35 · update #1
As noted in other answers, police are not allowed to just randomly wiretap a phone. There must have been some investigation into either the buyer or the seller prior to that phone call that would be additional evidence in the case.
Second, a lot would depend on the context of the conversation. There are several appellate opinions from various courts that have allowed police to give expert testimony on codes used in the drug trade.
Third, most investigators that I know would not seek charges or arrest just based on that one conversation. They would probably keep the dealer (and the buyer) under observation to see if they met. If they met and it looked like an exchange of items took place, they might move in and arrest based on the activity confirming their interpretation of the phone conversation.
If what you stated was the only evidence, I doubt that any prosecutor anywhere in the U.S. would file charges. However, for the reasons noted above, I doubt that the one phone conversation is the only evidence.
2007-10-20 08:19:01 · answer #1 · answered by Tmess2 7 · 3⤊ 0⤋
Could depend on the rest of the conversation. In that context alone I doubt it. On the other hand if the phone is tapped FOR DRUG thing anyway then maybe that would be. Seriously if drugs weren't mentioned AT ALL and that isn't why the phone was tapped then yeah it would be hard to use that as evidence.
2007-10-20 09:06:10 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Not in itself, you would need a little more... especially since the penaties vary depending on the type and amount of drug.
Although they should have more, or the line wouldn't be tapped. If this was an ongoing investigation, and it happened before, and they can articulate every time it happens, this person gets X amount of X drug, they may be able to build a case.
2007-10-20 07:43:49 · answer #3 · answered by trooper3316 7 · 0⤊ 1⤋
Firstly, there had to have been plenty of evidence just to get the telephone wire tapped. Secondly, there was most likely a lengthy period of listening... days... weeks... even months. An arrest would have been made based on all the calls and their combined context. If "can u get some" is common jargon for drugs, yes it is enough.
2007-10-20 07:43:32 · answer #4 · answered by Nik 4 · 1⤊ 2⤋
I very much doubt that the police can construct a prosecutable case to present to the Director of Public Prosecutions on only this flimsy evidence.If they interview you or ask you to make a statement be sure to have a solicitor present.
2007-10-20 08:21:23 · answer #5 · answered by Anonymous · 1⤊ 0⤋
no, it's not enough, not in my department at least
You have to at least name the drug and flat out say what you want
Intent and "circumstantial evidence" comes into play in court though, and "insinuative tones and words" also get thrown around
Hope I helped
-Brittany
2007-10-20 07:41:10 · answer #6 · answered by Blank 2 · 3⤊ 0⤋