Legal Question in Criminal Law in California

audio taping

Can a officer record our conversation

w/out me knowing. I was arrested

for poss. cont. substance. He read

me my rights but when he asked to

talk to me about what happened he

did not tell me i was making a

statement. Plus he never asked me if

I wanted to. But he acted like we

were just casualy talking about what

happened. I told him.


Asked on 9/07/07, 12:34 am

4 Answers from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: audio taping

typical cop trick. did he give your rights before or after the conversation? If before, you're kind of screwed. There are some things that can be done to try to supress the statements, but it will be pretty hard.

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Answered on 9/07/07, 8:21 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: audio taping

In the future, don't talk to the police. Not one word, except "I want to call my lawyer."

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Answered on 9/07/07, 7:50 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: audio taping

Making the tape was legal.

You say the officer didn't tell you you were making a statement, but if he read you your rights he must have told you that "anything you say can and will be used against you" (or words to that effect). Note that this language doesn't say "anything you say after I either tell you you're making a statement or ask if you want to".

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Answered on 9/07/07, 1:24 pm
Jay Leiderman Leiderman Devine LLP

Re: audio taping

It is legal. (See Cal. Penal Code section 630 et. seq.)

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Answered on 9/07/07, 2:37 pm


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