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
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Answered
  • 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.

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