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  1. #1
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    Default Can Prosecutor Legally Have Me Followed

    My question involves criminal law for the state of: Wyoming

    Hi all.
    My child turned 18 in December 08. Then got arrested in March for DUI and eluding. Then got released on probation and eventually got another DUI that revoked the 1st probation. They plea bargained to serve a total of 20 days to drop the 2nd DUI. On the day set for release the Prosecutor then served 4 Felony charges based on the interrogation of another intoxicated teenager. So the new charges prevented the release. Then the pretrial was not allowed on 3 different days claiming Judge away. Now at the pretrial for the new charges the Judge ordered my child to be released to my home on an ankle monitor because the Judge, PO Officer, Defense Attorney, and myself are concerned for his mental and physical well being. The Prosecutor argued hard to not allow the release but the Judge allowed it. The release is now tomorrow and I have discovered that the Prosecutor has members of his staff or private detectives following me around when I go out. I absolutely know for a fact that they are as I live in a very small community and it is obvious. My first question is, is it legal for the Prosecutor to have me under surveillance just because my kids in trouble? I also suspect my phone is being monitored too because of extreme changes in the audio quality and phone behavior. My second question is, if these things are being done by the Prosecutor legally will there be documentation of these activities that I can access or request after the surveillance ends? There are a number of things the Prosecutor has done that make it very apparent he doesn't like my kid. I think some of the tactics he has used may have violated my child's civil rights but the Court appointed Defense Attorney is so busy with all the other clients they can't address these possible violations. Sorry for the long story but I'm worried about my kid.
    Thanks in advance for any replies. GREAT SITE!

  2. #2
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    Default Re: Can Prosecutor Have Me Followed Legally

    not sure but I think you may simply be a bit paranoid. I cannot see any reason you would be followed or your phones monitored.

    If there was a warrant for the phone, all is legal. If there is no warrant, it would be illegal but how do you prove somebody is tapping your phone. Your reasoning could be as simple as the phone lines were damaged by a squirrel or chipmunk. If your phone is not working correctly, call the phone company.

    as to following you; nothing illegal about that.

  3. #3
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    Default Re: Can Prosecutor Have Me Followed Legally

    Quote Quoting jk
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    not sure but I think you may simply be a bit paranoid. I cannot see any reason you would be followed or your phones monitored.

    If there was a warrant for the phone, all is legal. If there is no warrant, it would be illegal but how do you prove somebody is tapping your phone. Your reasoning could be as simple as the phone lines were damaged by a squirrel or chipmunk. If your phone is not working correctly, call the phone company.

    as to following you; nothing illegal about that.
    I know the cars following me are definitely theirs. They're not very good at it. I actually managed to follow them undetected back to the Prosecutors office. If they feel a need to follow me then monitoring my phone would fit right in. You have to understand that this is a very very small town 20 years behind the world and I've seen the legal community do things the way they want to without regard for the rules. The Prosecutor is young and very aggressive. In part to distract from a recent sex related scandal in their office.

    As far as them following me, couldn't that be considered stalking? I know if they saw me following them around all day they would charge me with something for doing it. Or does your answer imply that it is not illegal to follow anyone you decide to?

    I still have the same 2nd question:
    If they are legally monitoring my calls or have surveillance on me, will there be documentation of it that I can request from them after they complete their activities?

    I'm sure they suspect I'm somehow involved in what ever it is they're accusing my kid of. I'm not and I believe it will be proven that my kid isn't either.

    Thank you very much for your response!

  4. #4
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    Default Re: Can Prosecutor Have Me Followed Legally

    Quote Quoting VioletE
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    Now you say you live in a small town, maybe it is just a coincidence you see these people?

    How would the prosecutor benefit from having you followed too?
    I didn't say they were intelligent or logical.
    Odd that simple questions can't be answered.

  5. #5
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    Default Re: Can Prosecutor Have Me Followed Legally

    Quote Quoting JulyC
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    I didn't say they were intelligent or logical.
    Odd that simple questions can't be answered.

    I'll be more specific than the first time I answered you:

    My first question is, is it legal for the Prosecutor to have me under surveillance just because my kids in trouble?
    It could be

    My second question is, if these things are being done by the Prosecutor legally will there be documentation of these activities that I can access or request after the surveillance ends?
    maybe


    happy?

  6. #6
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    Default Re: Can Prosecutor Have Me Followed Legally

    Quote Quoting jk
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    I'll be more specific than the first time I answered you:

    It could be

    maybe


    happy?
    Very! You? Sound to be a bit of a sarcastic person, but it might just be me.
    Thanks!

  7. #7
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    Default Re: Can Prosecutor Have Me Followed Legally

    well, that is as good of an answer as can be given given the facts you have provided.

    What else are you looking for?

  8. #8
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    Default Re: Can Prosecutor Have Me Followed Legally

    Quote Quoting JulyC
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    Very! You? Sound to be a bit of a sarcastic person, but it might just be me.
    Thanks!
    My question is more fundamental; it's about perception and reality and how these relate to you.

    Take the present situation in which you're being "followed". Ok, presumably that following bit has a necessary component of observation. I'm sure we all agree to that; otherwise, the following bit would be quite difficult.

    Now, these guys who are following you, but aren't good at hiding it (assuming they're even trying to*), somehow failed to notice that the person they're following is behind them and going everywhere they are? It would seem that either one of two things is going on here: you aren't being followed, or you give yourself far too much credit. If they're following you and monitoring your moves, the odds of them not noticing a car they're watching drive off and pull in behind them are astronomically low.

    *Not all surveillance is covert; much of it is overt: we're following you and want you to know we're following you. If for no other reason than it you knowing that we're following you will prevent you from committing any other crimes of which we're concerned, but because we can't arrest you, it's the best we can do to provide for the public safety.

    And yes, it's entirely legal for the police (or the prosecuting authority) to have you followed. Why wouldn't it be legal for them to diligently investigate what they think needs investigating? Now, if they're doing this to harass you, then that's a different story. But you haven't said anything to that effect, or not that I noticed anyway.

  9. #9
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    Default Re: Can Prosecutor Have Me Followed Legally

    The prosecutor's office, sa, da have their own staff of investigators. They are pretty much free to investigate anything they want. They can follow anyone they want.

    However, you are most likely paranoid. I seriously doubt any law agency would expend significant resources following anyone without a very good reason that is going to payoff with a major arrest. If it was a serious surveillance, they would use three different cars interchangable and you would never even know you were being followed. Besides, they could put a GPS device on your car and they don't even need a warrant. That would be much more cost effective.

    Prosecutors have absolute immunity from any civil action. The only way to get them is for the feds to catch them committing a federal crime.

    I personally am going to find the limits of that immunity. I do not believe it extends to things involving campaigns, for instance. I was instrumental in the defeat of my county's previous state attorney. During the time between the election and him leaving office he had his two top assistants investigate me trying to find something to arrest me for. There wasn't anything. They are all being sued as part of a much larger case. If it goes to trial, especially appeal, that might create some actual limits on what they can do.

  10. #10
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    Default Re: Can Prosecutor Legally Have Me Followed

    My original post described being followed when it's my child that's violated the law. Not me. Some readers, with common sense, might perceive this as harassment. Either way I am very thankful to have an attorney that is capable of understanding my questions and responding with actual answers as opposed to going through this to not answer a simple question.
    Thanks anyway!

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