The police have a lot of power, perhaps far more than some people realize. Even so, the police cannot exercise their authority unchecked, and legal protections exist to shield civilians from police overreach. A rather complex issue some people deal with is being followed by the police. This is often done as part of criminal investigations, but what happens if the police go too far?
The police can follow you around in Philadelphia, but there are limits on how far they can go. Generally, people do not have an expectation of privacy on public roads, streets, or sidewalks, and the police may follow you around. However, even in public, people have some privacy that cannot be infringed upon. The police cannot stop you, search you, or search your car without reasonable suspicion that you have committed or will commit a crime. If you believe law enforcement efforts in following you are bordering on harassment, talk to a lawyer immediately.
Call our Philadelphia criminal defense lawyers at The Law Offices of Lloyd Long at (215) 302-0171 and ask for a free, private case review.
Being Followed by the Police in Public Streets in Philadelphia
The police are permitted to follow people around in Philadelphia. However, this usually only applies to public spaces where citizens have a much lower expectation of privacy. This might sound confusing, as you are protected under the Fourth Amendment against unreasonable searches and seizures by law enforcement, and this protection has been interpreted to include certain privacy rights. Again, you have a much lower expectation of privacy in public, and the police are allowed to follow you.
Under certain circumstances, following people around the streets of Philly is not just permitted but necessary. For example, if law enforcement believes a suspect has committed a crime but lacks the probable cause to execute an arrest, officers may conduct a stake-out where they quietly wait in public spaces as they watch the suspect for more suspicious behavior. This is a common plot device in crime dramas, but it happens in real life, too. If you notice the police staking out your home, our Malvern, PA criminal defense lawyers can help you protect yourself.
Another example is hot pursuit. This sometimes occurs when the police go to arrest someone, often as part of a traffic stop, and the suspect drives away. In such cases, the police may follow the suspect quite aggressively. A well-known case of hot pursuit is the infamous O.J. Simpson case, where Simpson fled the police in a white Bronco.
Many people are concerned about being followed by the police during their day-to-day lives. The police may follow you if they suspect you have done something wrong but do not have enough proof to justify stopping you. In such cases, the police may follow you until they find additional proof. This could involve driving behind you, being near when you are out walking, or parking on public streets outside your home or place of work.
Your Expectation of Privacy on Philadelphia Public Streets
As mentioned, you have expectations of privacy in your home, but the same expectations do not exist on public streets. Even so, you may have a limited expectation of privacy in public that the police cannot violate. In the U.S. Supreme Court case of Katz v. United States, the court determined that people may have an expectation of privacy under the Fourth Amendment, even in public areas.
While the police can follow you, they cannot enter your car simply because it is on a public street. You have an expectation of privacy inside your car, even though it might be a somewhat more limited expectation than in your home. Even if you are not in a vehicle and are instead walking down a public sidewalk, the police may follow you, but they cannot stop or search you without some reasonable suspicion that something is amiss.
It is less certain how closely the police can follow you on the street. On the one hand, no law stops the police from simply driving behind you for a few miles. However, what happens if the officers tail you so aggressively that you feel harassed? If this happens, call your lawyer.
Where the Police Cannot Follow You in Philadelphia
The police can follow you through many public spaces, but the law fiercely protects certain areas. First, the police cannot enter your home unless you give them permission or they have a warrant. Only under very limited circumstances can the police enter your home without a warrant or consent from an occupant. These circumstances often involve an emergency.
On top of that, the police cannot search your person just because you are on a public street. Law enforcement needs reasonable suspicion that you have committed or will shortly commit a crime to stop and search you. Even then, the search may be limited to outer layers of clothing, and anything that does not immediately feel like a weapon may be off-limits.
There may be some issues regarding how closely the police may follow you. If they stay too close, they may be illegally spying or eavesdropping, as the police were in the Katz case mentioned above. You should also talk to your attorney about how often the police follow you in public. If it happens once or twice and they maintain a reasonable distance, their actions may be lawful. However, if they stick too closely to you, follow you every day, or follow you constantly throughout the day, they might be harassing you.
What to Do if You Believe the Philadelphia Police Are Following You
If you are being followed by the police to the point that you feel unsafe or harassed, contact an attorney now. We might not be able to make the police stop, but we can advise you on how to conduct yourself to protect your rights and privacy.
Describe your situation to your attorney. When did you first notice the police were following you? How often does it happen? Are they following you in a car or on foot? Do they wait outside your house? By answering these questions, we can determine the extent of the criminal investigation and whether the police are overstepping legal boundaries.
Avoid the police if possible. However, do not do anything that might signal to the authorities that you have something to hide. Do not try to outrun the police if they follow you. Just pretend they are not there. Do not confront them unless they approach you first. Even then, demand to know if you are being taken into custody before answering any questions. If you are not in police custody, you might be free to walk away.
Contact Our Philadelphia Criminal Defense Attorneys for Help Immediately
Call our Lehigh County criminal defense lawyers at The Law Offices of Lloyd Long at (215) 302-0171 and ask for a free, private case review.