Do the police have to tell you they are recording you during questioning?

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Do the police have to tell you they are recording you during questioning?

A detective came to my house. I was in the bathroom and I heard somebody yelling hello. My door was open (it had been shut) and he was standing there when I came out of the bathroom and told me that i needed to go with him. I asked what for and he said I will tell you later. He would not let me use my phone. 

Asked on December 29, 2011 under Criminal Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, law enforcement does not have to tell you that you are being recorded as to what you are saying during a face to face questioning session. The reason is that under a long standing line of federal and state cases there is no justifiable expectation of privacy when one is being questioned face to face in that there is always the possibility that the person asking the question may have a wire placed on his or her person.

However, with respect to a telephone conversation, absent a court order allowing the taping of a telephone conversation without the consent of all parties to the call, the recording is illegal in most if not all states in this country.

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

There are a lot of potential problems with what happened here.  First, if you had to go with him, he must have had a warrant for your arrest. (Otherwise, you were unlawfully arrested)

That said, they do not have to tell you that the interview is being recorded.  However, they do have to advise you of your rights. (Miranda Rights)

Hope this helps. 


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