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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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Is it legal for law enforcement or government to spy on your

Resolved Question:

Is it legal for law enforcement or government to spy on your whereabouts without first obtaining permission from a judge ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

Hi there my Name isXXXXX owner of CARSTCM we specialize in vehicle security and stealth technology that allows your speed to be undetected I just wonder about the validity of the law when it comes to gantry cameras recording your exact whereabouts think there may be a loop hole as have friends in the force saying that you need to obtain permission from a judge believing you are involved in criminal activities before they can follow your movements therefore lag itemizing one of my products sorry that was so protracted thanks and kind regards XXXXX XXXXX

Expert:  Jo C. replied 2 years ago.
They do need authority from a court to conduct surveillance but why should gantry cameras offend against that?

They just assess speed?
Customer: replied 2 years ago.

Incorrect they check for car tax, insurance,


outstanding warrants, fines and on and on also your whereabouts at any given time thus relating you to whatever they deem your information warrants i follow the spirit of the law not the word as that would be impossible just do not agree the big brother watching philosophy your thoughts regards Tom

Expert:  Jo C. replied 2 years ago.
Well yes but that doesn't really amount to surveillance?

I suppose its an arguable point really that somebody would have to take before the court. There is no doubt that the police need authorities before they can place a person under surveillance and those authorities are not granted lightly.

The question here is whether this amounts to surveillance. Im afraid that I suspect an argument on that basis would fail. All gantry cameras do really is automate what any police officer can do at any time. Gantry cameras just check that the vehicle is in lawful order.

I suppose the only thing that might amount to a step too far is a check upon warrants. That isn't to do with the device though. That is to do with police use of the information. However, in truth, I suspect a court would say that doesn't really amount to surveillance. Again, that is just automating what a police officer can do at any time.

Surveillance amounts to things like targeting a particular person or address or their associated persons.

Even if there were a challenge on this point which succeeded its very unlikely that a court would strike them down completely but would just say that the information can be put to some purposes and not others.

Gantry cameras are not really different from CCTV operated by the local council.

Its for a court to decide but that is my feeling upon which way it would go. Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
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