can a cop tell you the recording devices are of to get you to say something to incrimanate yourself
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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 14 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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