Car Cameras: Are You Under Surveillance?

If you're asking yourself, Am I under investigation? it's important to know the different types of surveillance and tracking methods used by law enforcement agencies and private investigators. One common method is vehicle surveillance, where a private detective or investigator follows a target in their car, allowing them to go to multiple locations and record activities. This type of surveillance is often used for matrimonial investigations, proof of cohabiting, corporate investigations, and more. While private investigators may use ordinary vehicles to blend in, law enforcement agencies may use routine traffic stops as a tool to identify suspects in their investigation. For example, if you're under investigation by the DEA for a drug-related offense, local officers may be asked to conduct a traffic stop to identify you, even if they're not aware of the larger investigation.

Surveillance methods

There are different types of surveillance tactics, including mobile, stationary, mechanical, human, overt, and covert. Mobile surveillance involves a private detective following their subject in a vehicle or on foot. In stationary surveillance, the investigator remains in one location. The mechanical method involves setting up surveillance cameras, recorders, and other tools, while the human tactic uses an individual from the investigative group as a direct source of data, collecting evidence through camera and video equipment.

Overt surveillance uses a company's security cameras, while covert surveillance involves an undercover investigator tracking a subject. Car surveillance is often done in ordinary vehicles to avoid raising suspicion. Operatives must pay attention to traffic and ensure they don't lose the target, utilizing dashcams to guarantee video recordings.

In addition to private investigators, law enforcement agencies also use surveillance methods as part of their investigations. Routine traffic stops are one tool used by law enforcement to identify suspects. Officers only need a reasonable suspicion that a civil traffic law has been broken to pull someone over, and these technical infractions are easy to find.

Surveillance cameras are also prevalent, and footage from private businesses and government agencies can be crucial in car accident investigations or for insurance claims. While private businesses are not required to provide footage, they may do so if asked nicely or with a subpoena. Government agencies may have a legal obligation to turn over video footage to the public.

Private investigators

If you are being investigated, a private investigator may sit outside your house or workplace and watch your movements. They can also follow you and record your actions, even when you are inside your car. They are also allowed to go through your garbage once it has been put out for collection.

To avoid being investigated, it is important to be vigilant about strange or suspicious vehicles parked near your home. If you are making an insurance claim, be aware that investigators are trained to remain out of sight and dig into your background and daily activities. Avoid posting on social media about your claim or anything that could be used to challenge the severity of your injuries. It is also important to follow your doctor's orders and restrictions.

Traffic stops

Traffic enforcement cameras are also used to detect motoring offenses, such as speeding, running red lights, or unauthorized use of a bus lane. These cameras are usually mounted beside or over a road or installed in an enforcement vehicle. They may be linked to an automated ticketing system.

In recent years, the use of dashcams has become more common, with some companies offering a "Traffic Stop" feature that automatically starts recording when you say a certain phrase. This can be used to bring more accountability to policing, especially during protests against police brutality. However, it also raises privacy concerns, as passengers may not be able to consent to being filmed, and the footage could contain sensitive information.

Private investigators also commonly use vehicles for surveillance, as it allows them to follow a target who is driving or visit multiple locations. Surveillance vehicles are typically ordinary cars to avoid raising suspicion, and investigators can switch vehicles if the target notices they are being followed.

Surveillance cameras

Surveillance is the act of observing places, vehicles, and people's behaviour through data collection. Surveillance cameras are an important tool used by private investigators and law enforcement agencies to investigate and access data.

There are different types of surveillance cameras, each with its own advantages and use cases:

• Wired vs Wireless Security Cameras: Wired cameras, such as IP or analog cameras, must be physically connected to a security recorder and offer a stable connection. Wireless cameras, on the other hand, connect to a Wi-Fi network and record motion events to a microSD card or an app.
• Indoor vs Outdoor Security Cameras: Indoor security cameras are designed to monitor activities inside homes or buildings, while outdoor security cameras are built to withstand weather conditions like heavy rain, snow, and extreme temperatures.
• Smart Home Security Cameras: These cameras can be used as standalone security solutions, recording motion-based events and connecting to a recorder for continuous recording. They often offer smart features like motion detection and two-way communication.
• Battery-Operated Security Cameras: These cameras wirelessly connect to a compatible recorder or hub and are known for their versatility. They are ideal for locations where wired connections are not feasible.
• Pan-Tilt-Zoom (PTZ) Security Cameras: PTZ cameras are suitable for large open areas as they can pan, tilt, and zoom to capture a wider field of view.
• Covert vs Overt Surveillance: Covert surveillance involves undercover investigators tracking a subject without their knowledge. Overt surveillance, on the other hand, uses a company's security cameras or publicly visible cameras.

When conducting surveillance from a car, private investigators or law enforcement officers aim to remain inconspicuous by using ordinary vehicles. This allows them to follow individuals driving or visiting multiple locations without arousing suspicion. Vehicle surveillance is particularly useful for recording activities, documenting locations, and obtaining proof of a crime.

While surveillance cameras offer numerous benefits, it's important to consider privacy and security implications. Some cameras may have vulnerabilities that allow unauthorized access to video footage, so it's crucial to research and choose reputable brands that prioritize data protection and encryption.

Search warrants

Requirements for a Valid Search Warrant:

• Signed by a Judge: A valid search warrant for a vehicle must bear the signature of a judge, authorising the search and seizure of specific items.
• Probable Cause: The warrant must be based on probable cause, meaning there is reasonable belief that the vehicle contains evidence of a crime. This can include reliable information, personal observations by officers, or suspicious behaviour.
• Specific Description of Vehicle: The warrant must provide a detailed description of the vehicle to be searched, including license plate number, make, model, colour, and any other distinguishing features.
• Items to be Seized: The warrant should clearly specify the items or records that can be seized from the vehicle during the search.

Obtaining a Search Warrant:

When requesting a search warrant for a vehicle, law enforcement officers must demonstrate probable cause to a judge. They must present facts or evidence showing that a crime has occurred and that the vehicle likely contains evidence related to that crime. The "catch-all" clause may be used when there is uncertainty about the specific vehicles at a residence, allowing the search of "all vehicles nearby" connected to the property.

Warrantless Search Exceptions:

In certain situations, law enforcement officers are permitted to search a vehicle without a warrant. These exceptions include:

• Consent: If the vehicle owner or authorised individual voluntarily agrees to the search, a warrant is not required. The consent must be given freely without coercion.
• Plain View: Officers can search a vehicle without a warrant if they observe evidence of a crime from outside the vehicle. For example, if an officer sees a stolen item on the car seat, they can conduct a warrantless search.
• Search Incident to Arrest: If a person associated with the vehicle is arrested, officers can search the vehicle without a warrant to ensure officer safety and prevent evidence destruction. This search is limited to areas within the arrestee's immediate control.
• Exigent Circumstances: A warrantless search is permitted if there is a risk of the vehicle being moved or evidence being destroyed before a warrant can be obtained.
• Automobile Exception: Due to the mobile nature of vehicles, officers can search without a warrant if they have probable cause to believe the vehicle contains evidence of criminal activity.

Understanding Probable Cause:

Probable cause is a crucial concept in vehicle searches. It refers to the level of belief that a crime has been, is being, or will be committed, and that evidence can be found in the vehicle. This belief must be based on specific facts, circumstances, or observations, rather than mere suspicion. Probable cause is essential for a lawful vehicle search and can be established through various means, such as reliable information, personal observations by officers, or suspicious behaviour.

Protecting Your Rights:

It is important to remember that you have constitutional protections against unlawful vehicle searches. If you believe your vehicle was searched without a valid warrant or probable cause, consult a criminal defence attorney. They can review your case, advise you on your rights, and work to get any unlawfully obtained evidence excluded, potentially leading to dismissed or reduced charges.

Frequently asked questions