Electronic Surveillance in the Status offense

ELECTRONIC SURVEILLANCE IN THE STATUS OFFENSE

ELECTRONIC SURVEILLANCE IN THE STATUS OFFENSE Electronic surveillance is a part of an investigation.

It is mainly used when the burden of proof is high, like in a felony. However, there are instances in a status offense that require electronic surveillance to gather evidence and get hold of the accused. A status offense is a crime where a child commits a violation, which is only a crime due to the age parameter. Had the child been of a reasonable adult, it would be treated as no offense. So why would the police or any other federal authority require electronic surveillance in a status offense?

UNDERSTANDING THE CRIME UNDER A STATUS OFFENSE? As mentioned earlier, a status offense is an age-sensitive offense. Children are supposed to follow specific rules until they reach the age of maturity, like 18 or 21 as per the law.

Before they attain their legal adult age, they are responsible for their parents, guardians, and even the government.

Penalties surrounding the status offense have provisions so that a child would not face harsh punishments or even prolonged custody due to a status offense. It has to be treated separately from delinquency, where the child is charged with serious crimes similar to those committed by an adult.

CRIMES UNDER A STATUS OFFENSE Running away from home.

Refusing to follow a curfew Incorrigible behavior Prolonged Absenteeism in school Intent to Purchase, already purchased or selling of alcohol.

Intent to purchase, possession of, and selling of drugs Loitering in areas forbidden by the police Shoplifting Misbehavior during the probation period

HOW CAN ELECTRONIC SURVEILLANCE HELP IN A STATUS OFFENSE? Electronic surveillance is one of the least challenging ways one can gather evidence for a crime. However, using electronic surveillance is getting into the privacy boundaries of a person. It is against the 4th Amendment Rights.

The use of a warranty is a must for using electronic surveillance equipment. The fourth Amendment Warrant clause applies to electronic surveillance. For obtaining approval for the warrant, the authorities must show probable cause, describing, in particular, the goal to achieve through the electronic surveillance, the period of the surveillance, the parties involved, including the accused, and also disclose if there is an immediate threat to a person's life, reputation or an asset.

CURBING STATUS OFFENSES WITH ELECTRONIC SURVEILLANCE There are status offenses such as repetitive running away, drugs, and even alcohol consumption where the root cause of the irritation is not the children. Still, there are also other parties involved in the crime, such as cyberbullying, where victims are forced to provide favors.

Police can quickly curb such crimes with electronic surveillance.

Checking emails and tapping phones of children who are constant runaways.

It may not seem necessary, but the child might be a part of a more significant crime, like a drug group, prostitution. Electronic surveillance helps track the person or the group intimidating the child to commit a status offense repeatedly.

The word repeatedly is mentioned here because a child committing a crime once is not an actual reason to get out a warrant for electronic surveillance unless the offense is delinquency, where one criminal may lead to another.

Cyber Bullying. Several online groups try to spread racist hatred on the internet. Suppose a child or the parents/ guardians complain to the cybersecurity that they received a threat, obscene messages, or even videos. In that case, Federal Authorities must arrange a warrant to track down the cyberbully. Depending on the level of cyberbullying, it can be termed as a status offense or delinquency,

WHAT ARE THE TYPES OF ELECTRONIC SURVEILLANCE? There are several ways of handling electronic surveillance: Wiretapping Bugging Video Taping Geolocation tracking Data mining Social Media Mapping Monitoring data and traffic on the internet However, the type of surveillance falls into two broad categories.

1. Wire Surveillance 2. Electronic Surveillance

LAW ENFORCEMENT ON ELECTRONIC SURVEILLANCE Several laws concerning protecting users’ privacy rights do not readily comply or agree with the federal authorities to wiretap or bug a home. The Electronic Communications Privacy Act and Communications Assistance of Law enforcement Act of 2006 mandate the law enforcement that engages in wiretapping or conducts other electronic surveillance. The act also provides remedies for individuals who have been a victim of unlawful electronic surveillance.

It also allows victims and even the accused of a status offense to fight for any compensation for damages due to the surveillance.

SUMMARY Status offenses are crimes that can be resolved without electronic surveillance. Running away, incorrigibility, Absenteeism are some of the crimes that Authorities can handle with minor force. However, suppose there is a possibility that these minor crimes lead to a bigger picture.

In that case, the police and the federal authorities can look into it by pursuing a warrant for electronic surveillance. Click here to learn more about this.

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