Legal Question in Criminal Law in Michigan
Interviews
When being interviewed by a police officer in the patrol vehicle, does the officer have to tell the person the interview is being taped?
Asked on 10/11/07, 7:50 am
1 Answer from Attorneys
Neil O'Brien
Eaton County Special Assistant Prosecuting Attorney
Re: Interviews
No, it is not illegal. Michigan requires that only one participant in a conversation know about and agree to a conversation being recorded. Here, the cop did, so that part's ok.
The broader legal issue is whether the interview was voluntary. Since the subject was in the police car, he/she was likely "in custody", so Miranda requirements applied. If that was complied with, then the defense options have shrunk considerably.
I recommend that the person consult with a criminal defense attorney who can review all of the case facts in greater detail than we can here.
Answered on 10/11/07, 9:24 am
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