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...
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