• Can you record your own interview with police?

    From Rick@21:1/5 to All on Sat Jun 3 21:20:36 2023
    If I am brought into police headquarters for an interview by the police
    (either willingly or otherwise), can I legally record the interview? If the answer is yes, do I have to disclose the fact that I am recording the interview? If the answer is no, what would be the legal reason for denying
    a citizen of the right to record an interview with a law enforcement
    officer?

    If the answer is yes, I don't see why anyone would ever not record an
    interview with police given modern mobile phone technology and the ease of recording. And yet, in most TV police dramas as well as actual police interviews as shown on Dateline and 48 Hours and such, I don't think I have ever seen the interviewee pulling out a phone to record the interview or
    even asking about it. I think it's the first thing I would think of if the police ever questioned me.

    Related question - regardless of whether the interviewee records the
    interview, we often see police recording the interview and doing so openly, often after notifying the interviewee that the session will be recorded. If
    I am the person being interviewed and I request that a copy of the
    transcript of the session be provided to me, do the police have the
    obligation to provide such and what is the likelihood they would comply?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Barry Gold@21:1/5 to Rick on Sun Jun 4 07:29:05 2023
    On 6/3/2023 9:20 PM, Rick wrote:
    If I am brought into police headquarters for an interview by the police (either willingly or otherwise), can I legally record the interview?  If
    the answer is yes, do I have to disclose the fact that I am recording
    the interview?  If the answer is no, what would be the legal reason for denying a citizen of the right to record an interview with a law
    enforcement officer?

    If the answer is yes, I don't see why anyone would ever not record an interview with police given modern mobile phone technology and the ease
    of recording.  And yet, in most TV police dramas as well as actual
    police interviews as shown on Dateline and 48 Hours and such, I don't
    think I have ever seen the interviewee pulling out a phone to record the interview or even asking about it.  I think it's the first thing I would think of if the police ever questioned me.

    Related question - regardless of whether the interviewee records the interview, we often see police recording the interview and doing so
    openly, often after notifying the interviewee that the session will be recorded.  If I am the person being interviewed and I request that a
    copy of the transcript of the session be provided to me, do the police
    have the obligation to provide such and what is the likelihood they
    would comply?

    'My take as a non-laywer:

    1. Whether you can record the interview depends on what state you live
    in. California is a "two party"(*) state: you must get permission from everybody who participates before you can record a conversation. Note
    that giving notice of recording is sufficient: if the other person
    continues, they have implicitly given consent. In California, you need permission from everybody. In Alabama, you can record based on your own
    consent without notifying other people.

    2. If your hands are free and you have your cellphone, you can record as
    long as you tell them you are recording. If they don't want to be
    recorded, they will discontinue the interview.

    3. You do not have the right to a transcript. Among other things because
    making a transcript costs money. However, if the interview results in a
    trial, you would have a right to a transcript *if* they are going to
    submit one as evidence. If they're going to submit just the recording,
    you would have the right to a copy of the recording a reasonable time
    before trial begins.

    4. If you're smart, you won't do any of these things. Instead, you will
    say, "I prefer not to make any statements without my lawyer present."
    Then the police must stop asking you questions until you have gotten a
    lawyer and he/she shows up. But anything you say without them asking
    questions "can and will be used against you in a court of law." So keep
    your f-ing mouth shut until you've consulted a lawyer.

    Note: I'm not a lawyer. I don't even play one on TV.



    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)