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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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."


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption