can a cop tell you the recording devices are of to get you to say something to incrimanate yourself

the cop said i will give you a phone call i just want to know but the recording device is turned of

Asked on July 5, 2009 under Criminal Law, Colorado


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A police officer doesn't need to have a recording to testify in court about what you've said.  And if the recording device is on when he says it's off, there's probably nothing you can do about it, in most instances.  If you're in custody, the question is whether you've been read your Miranda rights or not.  If you're not in custody, just talking on the telephone, it's a question of whether you want to trust the police officer or not.  Most defense lawyers will suggest the answer to that is, "Not."

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