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Under Surveillance (CRIMINAL LAW & PROCEDURE)

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• Mon, 07 Aug 2006 06:58:00 GMT(1)

• Quote:

  Originally Posted by joeknow111

  That's the thing. She's never been caught with anything. I don't understand what evidence can be gathered against her.

  Ummm, she is buying/receiving/giving things from/to known drug dealers. That right there is evidence.
• Sun, 06 Aug 2006 17:15:00 GMT(2)
• Boy, another living breathing testimony as to why they call it dope.
• Fri, 11 Aug 2006 02:20:00 GMT(3)

• Quote:

  Originally Posted by joeknow111

  What is the name of your state? New York
  A friend is currently under surveillance by the police. She is wondering if she can be arrested for anything even if she doesn't have any drugs on her person at the time of arrest.

  Sounds like your friend is preparing for the inevitable, and guilty as sin! Let me ask you this - surveillance or not - evidently, your "friend" is still using drugs. Tell her to clean up & the police problem goes away. If not, tell her to pack a new toothbrush in her purse.
• Mon, 07 Aug 2006 17:08:00 GMT(4)
• "your friend" may be being set up by an informant. The dealer may be trying to save his butt by setting up "your friend". He may be getting the dope from the cops even. They like to play like that.
  After they have enough evidence for what they want, they will be talking to "your friend" about the whole thing. She might even be able to watch herself on video.
  If she is buying in large enough quantities, the police may be following her to see who she sells to as well.
  Even without large buys, one buy is one buy. A bunch of buys can be trafficking.
• Sat, 05 Aug 2006 22:42:00 GMT(5)
• Boy is this a post that needs more explanation.
  If the police observe her doing anything illegal, they can arrest her. If they can get a warrant for her arrest say for something like conspiracy to sell drugs, they can arrest her.
  Give up some more info if you want anything to be useful.
• Sun, 06 Aug 2006 16:45:00 GMT(6)
• It's called reasonable suspicion. She has been caught with an illegal substance, and she's purchasing something from a known dealer. Hmm, gee, I bet she's buying baseball cards.
• Sun, 06 Aug 2006 22:49:00 GMT(7)
• That's the thing. She's never been caught with anything. I don't understand what evidence can be gathered against her.
• Mon, 07 Aug 2006 11:24:00 GMT(8)

• Quote:

  Originally Posted by joeknow111

  Apologies for the initial ambiguity.
  If she is seen buying something from a suspected dealer but the bought item is unknown to police, is that sufficient for arrest? And would that arrest only be valid if made at the time of the transaction? She hasn't been approached at all to date. To put it another way, can an observed transaction be used subsequently for an arrest?

  Generally this would not be sufficient for a conviction without being able to prove what was in that package. On the other hand, if that person that handed over the package had recently been busted this could be a problem
  If the police felt strongly about what was in that package they would have moved in and made the arrest unless they think they can make a bigger bust by waiting.
  If they are watching your friend she is probably going to get busted. She will realize then that the addicts around her she calls friends will turn on a dime when the need arises. I am willing to bet that some of them have already done just that and that's why she is being watched.
  Your friend is easy prey if she does these transactions out in the open where the public can see.
• Sun, 06 Aug 2006 11:14:00 GMT(9)
• Apologies for the initial ambiguity.
  If she is seen buying something from a suspected dealer but the bought item is unknown to police, is that sufficient for arrest? And would that arrest only be valid if made at the time of the transaction? She hasn't been approached at all to date. To put it another way, can an observed transaction be used subsequently for an arrest?
• Sun, 06 Aug 2006 17:53:00 GMT(10)
• If you haven't figured it out yet from the other posters, when your friend DOES get arrested, she is probably going to jail for vacation.
  No, the arrest does not have to happen at that moment. I like that idea though.
  "yes, I did do the crime but since it was yesterday, I'm home free. Better luck next time copper."
  The police are simply gathering evidence on "your friend" and any others they wish.
  They tend to like to wait until they have enough evidence on a lot of folks and then go and arrest them all at the same time. It makes it kind of a reunion for those arrested. They figure you all will enjoy the company of all your old friends.,,,in jail.
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CRIMINAL LAW & PROCEDURE Open Questions

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