Is it legal for a police officer to record a witness statement without letting the witness know that it may be used in court?

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Is it legal for a police officer to record a witness statement without letting the witness know that it may be used in court?

Man was arrested for concealing a weapon. When the police got there, there was a registered gun locked separately from the magazines and the girlfriend (the witness) was in the car.

Asked on October 18, 2010 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The question that you are asking is a basic Constitutional issue: were you advised of you Miranda rights prior to the taking of the statement?  You know what those rights are as we see them on every legal tv show we watch, starting with "you have the right to remain silent" and ending with "anything said may be used against you in a court of law."  You need to seek help from a criminal defense attorney in your area.  If you were not read your rights then the statement may in fact be thrown out by a Judge.  As for the search, that is a different story and a different Constitutional issue.  Seek help.


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