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How long can the police keep someone under surveillance?

When can the police observe?

Police surveillance

For the purpose of criminal prosecution, short-term observations by the police are permitted on the basis of § 163 StPO (police duties in preliminary proceedings). Short-term observations are usually: short-term and spontaneous observations of conspicuous behavior.

How does an observation work?

There are indications that speak for an observation of your person: If you drive off in a car, and a short time later one drives off behind or in front of you. You go to the bar and regularly someone comes in shortly after you and sits down so that he can see you.

How do I find out if I’m being watched?

There are indications that speak for an observation of your person: If you drive off in a car, and a short time later one drives off behind or in front of you. You go to the bar and regularly someone comes in shortly after you and sits down so that he can see you.

How do the police investigate?

The police investigate the case in a purely practical way, talk to witnesses, conduct interrogations, take photos, search, write reports, write down what the accused say, check whether anything is known in files or registers, collect data, chats, video files — that’s what happens Paper or computer file.

How the police monitors | surveillance | Lawyer Explains | Andre Miegel

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How can I find out if I’m under investigation?

Only when a summons from the police arrives in the mailbox does the accused learn of the investigation. With this, the accused is summoned for questioning by the police.

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The suspicion may only be assessed using the following evidence:

  1. Expert.
  2. Illusion.
  3. Certificates.
  4. witnesses.

What happens when testifying against testimony without evidence?

The incriminating testimony of a witness stands against the contesting testimony of the accused. If there are then no objective indications of what actually happened, the air for the evidence is thin, but the flame of the prosecution does not immediately go out in the courtroom.

Can the police just bug my cell phone?

In general, every mobile phone can be monitored by the authorities, so it is also possible to eavesdrop. Due to German law, authorities only have the power to locate mobile phones in justified exceptional cases and only after judicial approval in the case of serious crimes.

Is observation punishable?

The reason for this is that the observation can certainly lead to a violation of data protection rights and personal rights. This violation of rights is punishable unless there is a legitimate interest of the respective client.

How long does a cell phone stay with the police?

3 to 4 weeks. If there is no evidence, news or information relevant to the crime on the cell phone, the police will return the cell phone. However, if something relevant to the crime is found on the cell phone, it will not return the cell phone until the process is completed.

When can the police tap a cell phone?

Murder, manslaughter, genocide. Offense against the personal, in each case as far as it concerns crimes. Gang theft, aggravated gang theft. Robbery or a rapacious extortion, extortion.

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How to recognize the civil police?

There are always at least two people. If they are not in uniform, the only chance you have of recognizing plainclothes police officers is through the vehicle. The color of civilian police vehicles is usually quite neutral. The vehicles are often silver, black and dark blue or dark green.

Will the police monitor my cell phone?

With classic telephone monitoring, the telephone provider picks up the call data from a monitored telephone while the data is being transmitted between the callers. He then delivers the data to the supervisory authority.

Why don’t police officers show their ID card?

There is nothing in the Police Act on this subject. However, the Police Service Ordinance states that police officers are generally identified by their uniform; they only have to show their police ID card if there is any doubt as to whether the person in question is a real police officer.

Who conducts observations?

The Customs Criminal Police Office and the Customs Investigation Offices (Customs Investigation Service), as authorities with tasks and powers similar to those of the police, also carry out observations.

What is a criminal offense of major importance?

A criminal offense of considerable importance exists if it is at least a medium-level crime, seriously disturbs the legal system and is capable of significantly impairing the feeling of legal security of the population.

What is a private detective not allowed to do?

What is prohibited as a private detective? The law prohibits private investigators from following someone in their own home. It doesn’t matter whether technical aids are used or not. In addition, no trespassing may be committed during observation.

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What can a detective do?

That’s what detectives do

In order to be able to uncover corresponding offences, you research facts, observe people or courses of action and question possible witnesses. The aim is to gather enough evidence for a trial in court so that your client can be judged right.

How much does a private detective cost?

On average, you should budget for costs of between EUR 80,00 and EUR 150,00 including ancillary costs and fees plus statutory VAT for each hour worked.

Can the police read my WhatsApp?

While law enforcement agencies can still intercept messages, this is useless to them as it is not possible to access and read their content.

Can the police eavesdrop on old conversations?

Listening to and recording conversations

According to § 100a StPO, possible criminal offenses include murder, manslaughter, gang theft, robbery, sexual abuse of children or high treason. In the event of imminent danger, the public prosecutor’s office or the police may also order wiretapping.

Can the police tap phones?

The question of when the police and judiciary may tap and record telephone conversations is regulated nationwide in the Code of Criminal Procedure. Telephone tapping is only permitted if there is a concrete suspicion that a criminal offense has been committed or is being prepared.

How does the judge rule in testimony versus testimony?

What is the court’s decision in a testimony versus testimony situation? According to § 261 StPO, the judge has to gain his conviction during the main hearing and freely decides on the result of the taking of evidence.

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Who does the judge believe in testimony versus testimony?

A judge is free in his assessment of evidence: He decides — with regard to the guilt or innocence of the accused — solely according to his own personal conviction. Whether the court believes the accused or the witness is usually only known through the verdict.

Can you be convicted if there is no evidence?

Even if the court is convinced, it cannot convict a person if there is no clear evidence or if there are still remaining doubts. It is the presumption of innocence. It states that someone is presumed innocent until convicted.

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