this cop came and was questioning me about a minor. i had no idea how old she was and he asked if we had sex? he then said that she was 16 and it wouldn't fall under the statue in new mexico. he conned me into saying something then told me she was a minor and i would be arrested. is this right? and can cops tell other people details about an ongoing police investigation as freely as they choose?
2007-01-14 12:08:09 · 14 answers · asked by cargod187 1 in Politics & Government ➔ Law Enforcement & Police
sound like you did something wrong and the cop did a good job of nailing you
2007-01-14 12:33:47 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Wow, lots of ill informed wannabe lawyers. For those of you who who are the first to blurt, "I know my rights", a little lesson on Miranda; it only applies to custodial situations. For the wannabe's, that means a person UNDER ARREST. Any time prior to arrest, no Miranda is required. Police Officers can always tape conversations, the only question is if the conversation is lawful to conduct (IE. custodial interrogations without advising Miranda, or after the person has invoked their Miranda Rights). The Supreme Court has ruled that there is no expectation of privacy for anyone speaking with an officer of the law. As for the misleading issue: if had done nothing wrong, you would not have had to worry about being mislead. If you can't tell a 16 year old girl from an 18 year old, adopt the convenience store policy "We ID". Cops should not share certain details of investigations, especially relating to minors. However that portion of the question is to vague to answer. Would need to know more detail.
2007-01-16 14:10:19 · answer #2 · answered by J B Dude 1 · 0⤊ 0⤋
The courts have held that you have no reasonable expectation of privacy when you talk to the police and, as such, may be recorded without your consent or knowledge. The police can also lie about evidence they have against you to gain a confession and any such confession and recording will be admissable.
I have been a police officer for over 11 years, going on four as a detective. I routinely record suspect statements and never inform them of the recording for a simple reason, people are less likely to confess when they know they are being recorded. Several times I have succesfully used the tactic of carrying two recorders and, when it appears the suspect is just about to break, I pull out one recorder, tell them that I have been recording them and tell them that I am going to go ahead and turn the recorder off because i want what is said to be "just between us." This garners trust and makes the confession that much more likely. And the second recording still gets to be used in court.
A little underhanded. Perhaps. Legal and admissable. Absolutely!
2007-01-14 18:18:37 · answer #3 · answered by James P 4 · 0⤊ 0⤋
I don't know the rules in New Mexico. I do know police are allowed to mislead suspects to get them talking. I think you can be recorded without your knowledge or permission so long as it's under circumstances where you had no reasonable expectation of privacy. For example, if it were in a public parking lot where anyone walking by might hear you versus if you had been in an office speaking with your attorney.
I suggest you contact an attorney.
2007-01-14 12:14:09 · answer #4 · answered by fdm215 7 · 0⤊ 0⤋
A Miranda warning is only required when you are in custody and being questioned by the police. If you were not in custody, you did not need to be advised of your rights.
There is a lot of confusion over Miranda. It's not like it is on TV where you automatically read everybody their rights when you slap the cuffs on.
For example, I am driving down the street and I see you throw a rock through a store window. I stop you and arrest you. Even though you are in custody I don't need to advise you of your rights because you won't be questioned. I saw you do it, there is no need for questioning, and therefore, no Miranda warning.
Another example would be when I go to your house to question you about a rape. You are not under arrest and are free to slam the door in my face. I can question you without a Miranda warning because you are not in custody.
Summary...there are three elements to Miranda. They are police, custody, and suspect interrogation. If any one of those are missing, there is no need for the advisement.
2007-01-14 15:55:16 · answer #5 · answered by Anonymous · 1⤊ 0⤋
A cop can do what ever they want, becasue they get away with it, they will just adjust what ever needs adjusting to make it work. Yes they can say whatever they want to whomever. They like to talk ****, and cause problems between other people. Just stay away from cops, it's the best advice. It is illegal to have sec with a minor, so get an attorney.
2007-01-15 03:50:55 · answer #6 · answered by julie r 1 · 0⤊ 0⤋
Yes and no. He can record you, it's part of his arsenal of tools and it keeps you from retracting your story later.
As for telling other people about it, depends. Are they child services or just some random dude on the street? How are these people related to the case?
A bit more detail would help.
2007-01-14 12:16:22 · answer #7 · answered by Lt. Dan reborn 5 · 0⤊ 0⤋
You need to get a lawyer, or go to get help from legal aid. You need advice on what to do. The police can railroad you into saying or doing something that can hurt you or your case. I had a cousin who didn't get himself a lawyer and he was sent to jail for a long time.
2007-01-14 12:30:09 · answer #8 · answered by witchypoo 4 · 0⤊ 1⤋
You cannot be questioned without Miranda Rights being read to you. That is the law. You cannot be questioned about an ongoing investigation without being notified of your rights, that is the law. If you answered questions after your rights were read to you, and you admitted any guilt to any crime, your busted, get an attorney.
2007-01-14 12:20:07 · answer #9 · answered by Anonymous · 0⤊ 4⤋
You is busted.
They are allowed to lie to you to get you to confess.
They can record you.
They can use it in court.
2007-01-14 12:11:31 · answer #10 · answered by Anonymous · 0⤊ 0⤋