Tape recorders during an interrogation...?

Question

When questioning a suspect, must you inform him/her that you are using a tape recorder?
(Ohio law)

Answer 1

Once you have been read your rights " you have the right to remain silent. Anything you say can and will be used against you....." from there on (the car ride, interrogation room, phone calls, etc... They can record or video you without asking permission or expressly warning you again.

Other witness interrogations they may record without asking but only to use for their own information - to go back and re-question about anything that sounds conflicting or ? This type of tape wouldn't be used as evidence in court, but the information may be used outside the court room to build a case and court examining + cross-examinations.

Answer 2

I'm not sure about a suspect but when you're dealing with the a telephone conversation then only ONE party has to know about the recording. Here's the telephone law for your state:

Ohio Rev. Code Ann. § 2933.52: Intercepting, recording or disclosing the contents of a wire, oral or electronic communication if a person is a participant, or has obtained the consent of at least one participant, is legal unless it is accompanied by a criminal or tortious intent.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Ohio Rev. Code Ann. § 2933.51. The Ohio Supreme Court has held that prisoners do not have a reasonable expectation of privacy in their communications, for purposes of the wiretapping law. State v. Robb, 723 N.E.2d 1019 (Ohio 2000).

Illegal interceptions are felonies and also carry potential civil liability for the greater of actual damages, $200 per day of violation or $10,000, along with punitive damages, attorney fees and litigation expenses. Ohio Rev. Code Ann. § 2933.65.

The recording of cordless telephone conversations picked up, initially inadvertently, through a baby monitor without the consent of any party to the conversations was found to be an illegal interception of both an oral and wire communication by the state's highest court in 1994. Ohio v. Bidinost, 644 N.E.2d 318 (Ohio 1994).

Ohio has an anti-voyeurism law that prohibits surreptitiously invading a person's privacy for sexual purposes. Ohio Rev. Code Ann. § 2907.08.

Answer 3

You have to get it memorialized some way to keep it from being hearsay, many times if they do not record the interview they will transcribe it and the respondent will have to sign the statement.

hearsay is an out of court third party statement that is used to prove the truth of the fact of the matters asserted. For example saying Joe told me he stole the car. Then Joe's admission is not allowed in court.

However and there always is a however. When a defendant talks to police, many of the times he is considered a "party opponent" and that is an exception to the hearsay rule. If I say something to someone who I know is against my interest then what I told him can be used to prove the truth of fact of the matter asserted.

So it's not hearsay if an arrested defendant talks to police.

Answer 4

Amen Yogi B.

Answer 5

Yes, you must. Also, just because it is recorded, does not mean it is admissible as evidence.

Answer 6

yes or it will be consider hearsay and nothing more.