Legal Question in Constitutional Law in California

is it illegal to talk

I said to a cop during a phone canversation which he was taping that I could do certain illegal things. My lawyer says this is an admission of guilt and that the recordings can be used against me as surcumstansial evidence. She feels I am sunk and wants me to plead guilty to something I have not done

I thought the Cal app would say that any conversation initiated by the cop would not be admissable unless i gave consent to bne recorded.

Is their no expectation of privacy in this state?


Asked on 4/10/06, 5:53 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: is it illegal to talk

If you were in custody when you had this conversation then the police would not need your consent and could make a recording even over your objection.

I don't know offhand whether officers need consent before recording a non-custodial interview, but even if they do you are probably out of luck. If the officer told you at the outset that he was taping the conversation (or if you independently knew you were being taped) and you continued talking, you consented to the taping by your conduct. Besides, no one should expect a conversation with police about an actual crime to be private unless -- maybe -- the officer promises confidentiality in advance. Your belief that the conversation was private was very badly mistaken, especially if you knew you were a suspect at the time.

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Answered on 4/10/06, 6:23 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: is it illegal to talk

The tape may be inadmissible but the testimony is not. If you lost confidence in your attorney's advice, get a new one. Call me at 16192223504.

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Answered on 4/10/06, 8:15 pm


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