I currently have a friend who has asked me this questions and am not sure to the answer.
A police officer called him and asked him if they could ask him a few questions without notifying him that the conversation was going to be recorded. The phone conversation is now being used against him as evidence in court.
Did the officer need to notify him that he was going to be recorded? If so, is there any Penal Code or legal type of documentation stating this?
I do know that the Miranda Rights did not apply since questioning was being done over the telephone.
2007-12-27 15:46:20 · 16 answers · asked by Curiousity 1 in Politics & Government ➔ Law Enforcement & Police
I can't believe anyone would talk to the police without an attorney present, regardless of their guilt or innocence..
2007-12-27 15:54:31 · answer #1 · answered by toetagme 6 · 4⤊ 3⤋
Miranda Rights should be done away with because they only serve as a technical way for the guilty to get off. A three year old knows miranda but thats another topic. As per your question, Yes a Police Officer as well as anyone can tape a conversation as long as one of the parties is aware of the taping. I do it all the time and use it as evidence against people on a regular basis. You also have the right to politely end the conversation and hang up the phone.
2007-12-27 19:39:09 · answer #2 · answered by Torro de intel 3 · 0⤊ 1⤋
Just FYI Trooper3.
California does require both parties to know that the conversation is recorded. An exception to that is during an official police investigation. So if the above case was in CA then it would be legal.
2007-12-28 10:05:31 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, this is legal in most states. You are correct, Miranda does not apply because there was no custody.
Twelve states currently require that BOTH or ALL parties consent to the recording. These states are:
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
Nevada
New Hampshire
Pennsylvania
Washington
2007-12-27 17:14:24 · answer #4 · answered by trooper3316 7 · 0⤊ 1⤋
In Canada you wouldn't have to notify the person that they were being recorded.
We are required to caution people that they are suspects in a incident and that they are not required to say anything, but whatever they say may be taken in evidence, before talking to a suspect (even on the phone and even when not in custody).
Statements made by a suspect pre-caution would not be admissible in court.
Here in Canada only one person needs to be aware that the recording is being made.
2007-12-28 02:31:58 · answer #5 · answered by joeanonymous 6 · 0⤊ 0⤋
I just tried https://tr.im/BFmTj last year to see if I could Locate my birth-father. My bio father left me when I was 7, and has refused to be a part of my life since. I grew up with my bio Mother and Step-father. I have only ever talked to my biological father a couple times until now. All I knew of him personally when I conducted the search was his first name, last name, and the street address of a previous address he used to have.
When the search results came back based on the minimal info I had, It pulled up a recent address along with even a phone number. When I called the phone no., I heard the voice of what sounded like it may be my step-brother. I asked if Joseph(my biological dad) was there, and he said no but to try back after 5.
I haven't done anything with the info, But I found what I was wanting to have.
2015-02-03 03:29:58 · answer #6 · answered by Sueann 1 · 0⤊ 0⤋
As far as I know, it is illegal for any person to record a conversation with another person you are talking to, without you knowing. For examply, any kind of law enforcement officer, can not record a conversation you are having with a friend or someone else. As for the police recording his own call with a suspect/person, it's likely to be legal; I doubt it's illegal but if it's being used against him in a court already, then it's for sure legal.
2007-12-27 16:38:37 · answer #7 · answered by Anonymous · 0⤊ 4⤋
In Missouri, only one person involved in the conversation needs to be aware that it is being recorded. This would be perfectly legal here.
2007-12-27 15:50:18 · answer #8 · answered by Citicop 7 · 1⤊ 0⤋
In the state of Arizona only ONE person has to know that it is being recorded.
2007-12-27 17:33:21 · answer #9 · answered by Steven C 7 · 0⤊ 0⤋
For the best answers, search on this site https://smarturl.im/aDDBC
yes you are allowed to record their actions, if you had a camera you could have recorded with that also
2016-04-17 07:10:22 · answer #10 · answered by Anonymous · 0⤊ 0⤋
Miranda applies when you're being arrested.
You don't say where you are so the answer is YES and NO.
Read the links below and then your friend should call his lawyer. By the way, why you doing his dirty work. Is he that lazy? Let him read and research. How else is he going to learn if you do all the work?
2007-12-27 16:01:34 · answer #11 · answered by Anonymous · 0⤊ 2⤋