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It depends on the situation.
If you are in custody and/or under arrest, no.
If you are not in a "custodial" situation then they can record and generally it is admissible,
So, as an example, if an undercover police officer recorded you making a drug buy in the courts of their "sting" then it is usually admissible.
If you have been arrested and are sitting in an interview room and they record you without reading you your rights or getting permission then it would generally not be admissible.
I was standing in a parking lot being served a citation for disorderly conduct. The citation was written 7/17/13 and delivered to me 7/29/13. I later discovered our conversation was being recored without my knowledge
Yes, in that circumstance normally the recording is allowed. You have an argument to make that the conversation was while in custody and thus you should have been warned of your rights but officers always record all traffic stops.
You would argue that since you were being written a citation you were not "free to leave" and thus it is equivalent to being under arrest for that time period and therefore the Miranda Rights apply.
This was not a traffic stop. I was in my office when the officer showed up to deliver the citation. We went outside to the parking lot. He informed me of the citation, we had a converstion all while he was recording. I was not being detained.
Whether a traffic stop or just a conversation pursuant to a citation being issued it is the same principles. If a reasonable person would believe they were free to walk off and not receive the citation then the recording would be admissible. If a reasonable person would not believe they were free to walk away then it is a custodial interrogation.
Ok. Thank you
You're very welcome.
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