August 20, 2024
How Far Can a Police Officer Follow You Before It’s Considered Harassment?
Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer
While law enforcement officers do have the authority to surveil and monitor individuals in the course of their duties, there are limits. To understand how far can a police officer follow you before it’s considered harassment, the limits depend on various factors, such as the reason for the surveillance, the duration, and the behavior of the officer. People who believe they are being unlawfully harassed by a police officer tailing or surveilling them should not hesitate to notify police dispatch, file a report, and talk to our California police misconduct lawyers.
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Police Surveillance and Your Rights
Police officers may conduct surveillance and follow people for legitimate reasons, such as investigating a crime or ensuring public safety. However, their authority is not limitless, and laws are in place to protect people from police harassment. The Fourth Amendment of the United States Constitution makes it illegal for the police to conduct unreasonable searches and seizures, including unwarranted surveillance. Police must have reasonable suspicion or probable cause to initiate surveillance and follow you.
Recognizing Police Harassment
How do you distinguish between lawful surveillance and harassment? Harassment occurs when an officer engages in repeated and unjustified monitoring or tailing of an individual without a valid reason. If you are experiencing persistent surveillance without reason, being followed for the purpose of intimidating or exerting control over you, or unauthorized tracking devices and/or wiretaps, speak to a California police misconduct lawyer right away.
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Your Rights When Followed by Police
Here are some key rights you have when encountering police surveillance:
Right to Privacy
As a citizen, you have the right to privacy. While there is no specific distance or time frame that defines when police surveillance becomes harassment, officers must respect your privacy. If their actions exceed what is reasonable, that is considered harassment.
Right to Freedom of Movement
Unless law enforcement has a valid reason to detain or arrest you, you have the right to move freely without unwarranted interference. Many people think if the police are talking to them that they are not free to leave. You can always ask, “Am I being detained,” and refuse to answer their questions if the answer is no. Following an individual without reasonable suspicion is an infringement on your right to privacy.
Right to Record
You can openly video or audio record interactions with police officers in public spaces. We recommend that your recording device is out in plain sight and you calmly announce that you are recording. This can encourage better police behavior if said in the right way.
What to Do If You Are Being Harassed by Police
At Pointer & Buelna we recommend you follow these steps to ensure your rights:
- Stay calm and composed
- Talk to a California police misconduct lawyer
- Document the incidents
- Gather witness accounts
Contact a California Police Brutality Lawyer for Free Consultation Today
If you have been subjected to police harassment, Pointer & Buelna LLP, Lawyers for the People can assist you in filing an official complaint and a lawsuit. Contact us to speak to a California police misconduct lawyer now. Don’t let police harassment go unchecked.
Adanté Pointer
Pointer has received numerous awards and honors. He has been selected as the “Nations Best Advocate” by the National Bar Association, a “Superlawyer” in 2021 by Superlawyers Magazine and was recently featured as being “the Best Civil Rights Lawyer You May Not Have Heard Of” by the East Bay Express.
Years of Experience: 16+ years
