The state is California. Police questioned someone over the phone involving a case but did not tell the person they were being recorded until after the entire conversation. Is this legal? I know about if you are being interrogated but what about when they are just investigationg and it is questioning over the phone...?
2007-09-13 15:23:40 · 15 answers · asked by DaiseyMae 1 in Politics & Government ➔ Law & Ethics
I went to the law library and looked up the code on this and several other issues and found that: Here in Va. "....As long as one person is aware of the taped recorded conversation, not all parties need to be made aware of the taping..." So, no, they don't.
2007-09-21 14:37:49 · answer #1 · answered by bpgagirl22 5 · 0⤊ 0⤋
It's a fine line - anytime a police officer asks you a question, assume it's on the record, whether you think they're recording it or not. On the other hand, if you are being interrogated, you need to have a Miranda warning and be given the opportunity to have a lawyer present (or to advise you of your rights before you answer their questions on the telephone). The fact that the interrogation takes place on the phone does not negate your rights.
2007-09-14 06:58:09 · answer #2 · answered by Hillary 6 · 0⤊ 0⤋
Yeah, it's legal. by talking to the police, you're giving them everything you say... the court will appreciate that they've saved it on a recording... that way the court will know exactly what was said instead of the police's recollection of it... and that way you can't change your story later. by talking to the police (or a confidential informant) you're giving them all your info and they can do with it what they want. If you really want to be safe, keep your mouth shut. If your best friend turns out to be an informant, the law will still use their testimony of your words... the law doesn't care if you were friends at the time.
2007-09-13 15:30:42 · answer #3 · answered by kmnmiamisax 7 · 0⤊ 1⤋
The police can have a phone call recorded and not tell the party being recorded. A private person can not - its a crime for them to do so with out the police \ prosectors wish. This occured in the Lacy Peterson case in California where Amber Fry taped Scott Peterson's phone conversations at the bequest of the police investigating him....they used those tapes in court to convict him and they were compelling.
2007-09-13 15:30:23 · answer #4 · answered by netjr 6 · 0⤊ 2⤋
Yes it is. They can record you at anytime during an interrogation. If the get a warrant they can listen to your phone calls without your knowledge.
2007-09-13 15:28:59 · answer #5 · answered by Chris 5 · 0⤊ 0⤋
No they don't, it is perfectly legal for the police to record a conversation with you.
2007-09-20 06:03:39 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Thanks to the Patriot Act police can twist about anything in their favor to search, interrogate, investigate, etc. by whatever means possible without even a warrant. We have no rights as citizens.
2007-09-21 11:19:02 · answer #7 · answered by crazy frog 2 · 1⤊ 0⤋
You have the right to make a statement, and it can be held against you in a court of law but you also have the right to have an attorney present. If you feel it will incriminate you in a court of law, don't make a verbal statement. plead the 5th and don't say anything.
2007-09-20 13:40:47 · answer #8 · answered by ? 4 · 0⤊ 0⤋
I'm not sure about Califonia, but in Texas only one party in the conversation has to know it is being recorded for it to be legal.
2007-09-13 15:30:01 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Depends on the State
2007-09-13 15:27:54 · answer #10 · answered by Anonymous · 0⤊ 1⤋