Can the police legally leave a listening device in your home after they execute a search warrant? : I believe that the police may have left a listening or recording device after they executed a search warrant. Is this something they commonly do and is it legal? The warrant stated all electronics and phones could be seized and yet they left all of them here. Today they came back and seemed to have info they could only have if that was the case. Thank you.
Jeffrey’s answer: Although it is technically possible to get a warrant for a "bug" in someone's home, it is exceedingly rare. Unless they have probable cause to believe that you are involved in very serious crimes, such as homicide, terrorism, or matters of national security, it highly unlikely that they left a bug in your home. Having said so, it is fairly common for them to obtain warrants to intercept your cell phone communications. Again, depending on what probably cause they have, there is a possibility that they are up on your phone.
Am I wanted?: There was an accusation made against me in April involving a firearm. At that time there was an arrest warrant made for me. I haven’t spoke to a cop, I wasn’t arrested, and only know about the charge due to the accuser letting me know that she called the cops on me. Today 6/13/23, I contacted the DA office and they told me that the case was presented to them back in April and they “no processed” the case. Does this clear the warrant that the police issued.
Jeffrey’s answer: If the warrant was issued concerning this potential charge, then the fact that the DA filed no charges should mean that the warrant is also withdrawn. That's the way it is supposed to happen. It doesn't always happen that way. I question whether a warrant was actually issued for you, though. No arrest warrant can be issued unless charges are filed. Here, no charges were filed. Thus, either there is not a warrant out for you, or the warrant is for something else.
Wisconsin. What happens if a felony defendant appears at the preliminary hearing without counsel, but is not indigent?: Does the case proceed pro se or does the court grant a continuation to allow defendant to find counsel?
Jeffrey’s answer: A person charged with a crime can never be forced to proceed without a lawyer. The person must knowingly, voluntarily, and intelligently waive the right to counsel. The judge must conduct a colloquy with the defendant sufficient to demonstrate that the waiver is voluntary. There are certain circumstances where the court may find that the defendant has forfeited his right to counsel. This typically occurs when the defendant failed to demonstrate that he is making a diligent and good faith effort to obtain counsel, or where the court finds that the defendant is terminating his lawyer purely in order to delay the proceedings.