Chesapeake, VA asked in Criminal Law, Civil Rights and Constitutional Law for Virginia

Q: Can law enforcement stop you from seeking legal advice during there investigation?

Can law enforcement use the surveillance to harass, intimidate, cause official oppression during their investigation? If they do which rights have they violated? Can law enforcement use surveillance to harass, intimidate, cause official oppression?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: Law enforcement cannot legally prevent you from seeking legal advice. Your right to consult with an attorney is protected under the Sixth Amendment, which guarantees the right to counsel in criminal prosecutions. If you're involved in a criminal investigation, you have the right to speak to an attorney before answering any questions from law enforcement.

The use of surveillance by law enforcement to harass, intimidate, or oppress individuals can violate constitutional rights. Such actions may infringe upon the Fourth Amendment, which protects against unreasonable searches and seizures, and the Fourteenth Amendment, which ensures equal protection under the law. If law enforcement uses surveillance tactics that amount to harassment or intimidation, it can be seen as an abuse of power and a violation of these constitutional rights.

If you believe that law enforcement is using surveillance to harass or intimidate you, or if they are preventing you from seeking legal advice, it is crucial to speak with an attorney. An attorney can help you understand your rights and can take steps to protect them, including filing a complaint or taking legal action against the offending parties. Remember, everyone has the right to fair treatment under the law, and there are legal pathways to address any violations of these rights.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.