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In a drug conspiracy(CRIMINAL DEFENSE)

Green Bay, WI |

1.what kind of evidence does the state need to be able to tap(bug) your phone? 2.what if the phone wasnt in the persons name that was being charged with the crime?

Attorney Answers 2

  1. There has to be a warrant. Someone (probably an officer) swore out an affidavit showing why he believed that such-and-such telephone was being used in drug trafficing. There are some protections for casual conversations, but when the matters are within the scope of the warrant, the prosecutor can argue for their admission. If you are fighting wire-tap evidence, you need an experienced defense attorney. You can consult with an attorney now, but if charges are leveled against anyone in the group you know, get an attorney on board at once.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

  2. In both state and federal cases the government merely needs sufficient information to show a magistrate that probable cause exists the phone at issue is being used for a crime. If they show that, and the facts to do so are dependent on the particular situation of each case and cannot be speculated on here, then the magistrate will issue a wiretapping warrant to allow for the phone to be tapped. Ownership of the phone is not really an issue as to whether a warrant will issue.