Legal Question in Criminal Law in California

Re: taperecording

Unfortunately, yes, they can tape you without your permission. The police can get away with a lot more stuff than people commonly believe. They can lie and cheat, for example, in their quest to obtain evidence.

No Brady violation unless the prosecution failed to turn over exonerating evidence. Here, they gave you what they had (for all you know).

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: taperecording

Yes, the police can record you without getting your permission. And the defense is entitled to receive copies of ANY statements you made. In this case, it sounds like the prosecutor turned it over to defense already.

In addition, the prosecutor has an obligation under Brady (and the cases interpreting it) to turn over any favorable evidence in its or the police department's possession. If they don't and the defendant is convicted and then on appeal the defense learns of this evidence, he can allege a constitutional violation which would require reversal - but only if the information could have made a difference in the outcome.

So if the prosecutor has already turned it over in a timely manner, there is no Brady issue to pursue.