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ronniec_75401
Can a police tap your cellphone without a warrant?



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Jazz Tiger
Rating
No. If they don't have a warrant they can look at your phone record retrospectively which can be used as evidence in a case against you.

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Stewy J
Rating
yes....


patriot act

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bella
if they have suspicion they can. it's so messed up

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chevy.kevin
yes, The PARIOT ACT makes it legal, and phone companies are not held accountable, its a SCAM AGAINST THE PEOPLE

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Damocles
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Anybody can, unfortunately.

Cell phones (and cordless phones), legally, are considered to be like radios. Consequently, because your signals are broadcast, there is no expectation of privacy.

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robert f
Yes cell phones are not tapped they are airwaves and anyone may listen into them.. sorry

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StephB
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Police - I don't think so, but the FBI and CIA are another story. Part of that whole "Patriot Act" thing.

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Leo K
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Depends on the reasons. If found out they should give a reason for doing this. In case and not u can take the legal steps to settle the issue by court of law.

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Profeta_16
It all depends of the state, go check this website.

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stanleys_2001
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depends... if you're suspected of terrorism... then YES under the PATRIOT act.

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MrJ
The police most likely cant, but I'm sure a anti terrorism or government protection group could.

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Helios
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Ya - that's what that stupid Patriot Act is for.

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The Great Gazoo
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If they have probable cause they can

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mama4
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not without cause

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naz wants to bite you
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no .. that illegal

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{-_o}
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nope, but under the patriot act the bush administration can.

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DK
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no

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Skeptic
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Yes. This has happened for many decades without court warant. Just remember that there is no security on phone lines. It's like talking on the street.

In theory, police need a warrant. In practice, the telephone supervisors are very obliging. Of course, recent laws have made such a practice legal under many circumstances.

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Ben G
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yup thats what they did to my dad when thatcher was in power

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i sharpen
I'm thinking that would require JUST CAUSE. But stranger things have happened in our crooked society where law enforcement forgets the LAW and just FORCES their will upon American citizens.

But since we DO HAVE RIGHTS. Anything they recorded would have to be DEEMED "LEGALLY" ADMISSABLE IN A COURT OF LAW. That is where we can fight back.

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dkapero
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Not legally, and not that I care, because I'm not doing anything that makes me a terrorism suspect (regarding the Patriot Act). Anyway, even if your phone were tapped they'd need probable cause to convict you, and the DA wouldn't even bother with whatever it is they may have gotten you for.

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~Annette~
Yes, they can. We have a friend that is a police officer, and he actually admitted to us, that he can sit in front of peoples houses...and hear everything that they say, on his police scanner that is in his car. And he isnt doing it intentionally.....we went and got one, and its true, if pple drive by and they are talking on a cell, it comes across a police scanner....
The laws are so screwed up...
So yes, i believe they will and can do anything they want...
I know that BUSH made a statement, about listening in on all of AMERICAS phone calls, to fight terrorism....and they do it ramdonly in different states....so yes,...i think they can do anything they want...
Although they do it...it doesnt make it right...huh?

Just be good...ok....be good...

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Taz
there is much they do with out warrants, but the main thing is, any thing, evidence, they get can not be used against you, because its "invasion of privacy"

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scottyisrude
Rating
Not legally. But there is a technology that allows anyone (cops included) to listen in on your blue tooth without you knowing it,

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erogalinski07
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they shouldnt, because thats invasion of privacy

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Phil R
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Federal law prevents local law enforcement from tapping your telephone, regardless of whether it is your cell phone or your land line, without either your permission or a warrant from a judge.

That being said, a wiretap warrant isn't all that difficult to get these days. If there isn't a warrant, then any information they obtain, and any information derived from that information *may* be excludable.

If you think this has happened, consult an attorney licensed in your state immediately for advice. For a referral, contact your local or state bar association.

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whitefangz1
People seem to be confused about the Patriot Act here. The warrantless wire taps only extend to calls where the call is to or from a foreign country. It does not apply to domestic calls.
Police can not tap your phone without a warrant showing just cause for the wiretap. If they tapped the phone without a warrant, it would not be admissible in court. Any subsequent evidence they obtained as a result of the wire tap would also be thrown out as being "fruits of the forbidden tree."

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Wateva
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i suppose they can but it would be against the law

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COTL
Would be a violation of due process and the privacy act of 1967 et al. Also a variety of other state a federal legislation.

So, as stated previously, no, not legally. Do they? All the time. But, since most if not all cell phone providers went digital about twenty years ago, it is a lot more difficult, and the equipment necessary is usually cost prohibitive, that is unless they know a good cell phone programer who can pirate the number.

Why do you ask? Because they have? Or, because you want to avoid it? If they have and you have evidence, file with federal court. If you want to avoid it, don't use a cell phone.

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