Recording Interviews With the Police

My experience of police interview procedures is limited to films and TV, apart from the occasional arrest here and there.

I have noted that when interviewing a suspect the police record the proceedings on tape. They may sometimes video the interview as well for all I know.

When I am again arrested on yet another trumped-up charge, would it be permissible for me to a) take notes on the interview, b) record the interview on tape or c) video the interview using my own equipment? I have never seen a suspect go through any of these procedures and I am wondering why this is so.

As may be noted I am in the UK, but I would be interested to hear from any nationality regarding the viability of my propositions.

Many thanks.

The cops are likely disinclined to let you bring your own electronic equipment into the interrogation room. Your best bet is to have an impartial witness bound to a code of professional ethics, i.e. a lawyer, present.

Does “disinclined” mean they can legally bar you from doing so, or merely that they will pressure you not to? Seems to me that as long as the cops are aware they’re being recorded, they couldn’t do a damn thing to stop you.

Actually, I predict they’ll object for the mundane reason of not wanting a suspect to have his mitts on a bulky videocamera or tape recorder or other item that could be used as a blunt instrument.

If you’ve just been arrested, it’s unlikely you’ll have those things with you and they probably won’t let you go home to get them.

Are you concerned that any recordings that the officers are making will somehow be altered? I suppose anything’s possible, but part of the reason officers make the tapes is to protect themselves from allegations of misconduct. It seems like they would be just as interested in keeping it intact.

What would you do with the tape once you had recorded it? I doubt they’d let you keep it with you in a jail cell and the violent nature of the environment would make it unwise to keep the tape there, anyway. It could get broken or stolen.

As Bryan Ekers said, the smartest thing would simply be to remain silent until you have an attorney present.

First of all, if you are likely going to be charged in a crime, get a lawyer.

Secondly, in the United States “you have the right to remain silent.
Anything you say can and will be used against you in a court of law blah, blah, blah…” I would presume the UK has something like this, too.

They can’t MAKE you give an interview, but you could tell them that if they want the interview, you demand to record it somehow. If they don’t like your idea, then you should exercise your rights and keep silent.

My own experience (which, fortunately, was a one-shot deal) was that I was not allowed to have anything to take notes or record the, ah, proceedings. I don’t know that they were recording it, either. It’s possible that the room was miked and there was recording equipment elsewhere, but I didn’t see a video camera or microphone in the room.

Robin

Your presumption is incorrect. In 1994 the Criminal Justice and Public Order Act significantly eroded (some say abolished) the right to remain silent during police questioning. If you refuse to answer a question by the police and then later answer that same question at trial, the courts is free to see your earlier silence as incriminating.

You can do anything you want, as long as there’s not a law forbidding you from doing it.

This applies to anything.

My suggestion is that you don’t give them anything to record.
No real reason to record the questions they ask if you’re not responding.
If you’re responding, go ahead and confess to the Lindbergh kidnapping and the JFK assassination. There’s no reason to be talking to the cops during anything that resembles an interrogation if you’re a suspect of any kind.
If you aren’t 1000% certain you’re not a suspect, then you’re a suspect.
Be nice about this though… firm, but friendly.

Alternatively, if you feel you must talk to the cops, insist on being allowed to tape it. Hold out until they give in… you might go to trial first, effectively denying them the chance to turn your words against you.

And if they want you to sign something, write “Jerry Seinfeld”. Unless you happen to be Jerry Seinfeld, in which case write “Mort Sahl”.

But seriously, don’t fuck around. Beyond asking for a lawyer, say nothing, sign nothing. This really isn’t a situation for civil-rights crusading and cop-manipulating, unless that was your goal all along.

I believe this is true.

I think the police can start asking a suspect (official) questions immediately after caution and arrest, so they have time available to interview him/her before a lawyer comes on the scene.

If US law allows the right to remain silent it seems best to keep quiet until a lawyer can be summoned. However if the suspect can’t afford a lawyer, and there is no system for legal aid, I think the OP stands for the US also. If the suspect doesn’t want a lawyer (stranger things happen) the OP remains valid too.

Other countries may vary.

Good question.

I hadn’t envisaged being remanded in custody. I hope I never do anything to warrant this unhappy circumstance.

I would expect the problem would be short-lived since my second interview with the police would certainly include a lawyer, to whom I could give the tape for safe-keeping. Hopefully. Other than that, I don’t know enough about UK law to ascertain what I can or can’t do with the tape.

Before I forget, my criminal arrest record stands at two.

I was arrested in December 1988 for DUI and convicted, fined and banned for 15 months. In June 1989 an ex-girfriend gave me up for possession of a minute quantity of hashish. I was duly cautioned.

This post is made purely to assure readers that I am not exactly a career criminal.

There’s no if about it. The US Constitution specifically guarantees the right to not incriminate yourself.

If the defendant cannot afford a lawyer, he will receive one appointed by the court. That also is a right in the US. Every jurisdiction must have a system of some sort in place to guarantee that right.

When I was arrested last year, I was read my rights at the place of my arrest (home - thanks darling), and was conveyed to the local police station where I was told I had the option (they might have even used the word “right”) to be interviewed “to give my side of the story”, and that the interview would be recorded to CD and I would be given a copy. They made it sound very feel-good, and I agreed. This despite the fact that during the trip to the station, I reminded myself over and over again that my law student friend had quoted me some obscenely high figure regarding the number of folks convicted because of what they said, and to ALWAYS exercise your right to silence.

Then they asked me if I needed a lawyer. I said yes, spoke to one on the phone, and the first thing he asked was, “Have they offered a recorded interview?”

“Yes.”

“Decline it!”

“But I’ve already agreed…”

“Doesn’t matter.”

So, they made a note that I had declined the interview after seeking legal advice.

If you’re ever arrested, be polite and direct in answering police questions about your name, address, income, etc. Don’t offer any information beyond that. Ask to see a lawyer. The cops are trained in psychology, and they are not on your side (hey, they are going to attend court later as the prosecution!) despite how understanding they may seem at the time. Silence is your right, and will not affect your case.

I am an (Australian) criminal lawyer. There is no one-size-fits-all answer to the question. As noted by psychonaut, the position in England since the Criminal Justice Act is different from elsewhere. As all lawyers on these boards regularly say, “What jurisdiction are you in?” is fundamental to answering almost any legal question.

In my jurisdiction, the police are equipped with machinery at police stations for the purposes of formal interviews, which simultaneously creates a video and three audio copies of the interview. One of the audio copies is given to the suspect.

So far so good. From the point of view of the suspect, however, not all conversation with the police occurs at the police station. Police commonly have field tape recorders on when they have any conversation with the suspect at the scene, at the arrest, in the police car on the trip to the station, etc. This, however, is subject to local privacy laws - your jurisdictions mileage may differ. The suspect may not know about the field recorder, and suspects frequently contradict themselves in different conversations. The rules about which of the conversations are admissible, so as to allow the contradiction to emerge, are immensely complicated.

Further, if the offence is serious enough, the suspect is arrested and taken to a watchhouse. There, all their property is taken from them, the details entered into a property register, and the property kept (hopefully) safely for them until they are released. The watchhouse keeper is independent of the investigation. That would be the fate of any tape you made of the interview - you would be separated from it.

Though it pains me to say it, it is also necessary to take into account the possibility that the police might lie about what they or you said, pretending that the field tape didn’t work, or they didn’t have one, etc. Thus, they can claim to have warned you earlier than they in fact did, and so on. In my experience this is not in truth common, but is commonly alleged.

Those considerations are more likely to be problematic than maintaining the integrity of what you did say. It is very difficult to edit tapes or other sound recordings undetectably without highly specialist knowledge, and for the police, the stakes are high if they try to dishonestly edit a tape but fail for some reason (of which they are unaware in advance) to do so undetectably. There are various technical steps put in place to prevent that happening.

Claims that police have done so usually come across looking like tin-foil hat stuff. Police are very good witnesses, and likely to come across as the voice of sweet reason. (Suspect: “I wanted to tape the conversation, and you threatened me and smashed my tape recorder, and then undetectably edited the tapes to make it sound like I was confessing when I wasn’t…!” Police officer (rolls eyes): “Now why would I do that? I have no idea how to edit tapes undetectably, and since I was taping, what harm would there have been in letting you tape too?”) Where accounts are likely to differ is in things that are claimed to have been said in the inevitable little bits of conversation that someone or other says were said off-tape. Just who is telling the truth about such matters can only be assessed on a case by case basis. No doubt police sometimes have a motive to invent conversations which never occurred, but that doesn’t mean they have actually done so every time it suits a suspect to say they have. And just because a suspect has an interest in inventing police malfeasance doesn’t mean that he/she is not telling the truth.

Lastly, it is impossible to say in advance whether it is better to talk to the police or decline to do so. Any general policy of that nature is subject to the exigency of the particular case at hand, and while experienced lawyers may have a general inclination one way or another, that is subject to the circumstances as they immediately present themselves. Experienced lawyers know that you can tell a jury till you are blue in the face that no adverse inference is to be drawn from the fact that the suspect declined to be interviewed, and the jury will still say “Yeah, right.” It is easy to imagine circumstances (and I have seen them commonly enough) when a person should have shouted their innocence from the rooftops if they were in truth innocent. If they had told their story early, and had it confirmed by police before there was an opportunity for them to have nobbled witnesses or rearranged physical evidence, that might have been of compelling assistance and prevented later allegations that they left the police station without speaking and then engineered all this exculpatory stuff.

For me, the best policy is to insist politely on contacting a lawyer, and be bloody sure that the lawyer is both experienced and very well resepected. Then take their advice about whether to speak.

Slightly OT, but something I’ve always wondered about:

In the U.S. you have the right to remain silent if you are under suspicion of a crime. But do you have the right to remain silent if you are not under suspicion of a crime?

Say I witness a crime. Other than that, I am an innocent bystander. The police try to interview me and I decline to say anything. Have I committed a crime? Could I be arrested and convicted of “obstruction of justice” for refusing to speak?

How are you supposed to know whether a lawyer is experienced and well-respected? I mean, assume that you don’t have any friends who are lawyers, and one day you are arrested, taken into police custody, and given the opportunity to call a lawyer. Even if the police are kind enough to give you a phone book, how are you supposed to tell which lawyers are experienced and respectable? You can’t just work your way through the phone book, calling each lawyer and asking them if they are experienced and respectable. You might be able to get some idea of their experience by asking them how long they’ve been practicing and how many cases similar to yours they’ve dealt with, but how do you find out whether they’re respected?

You generally don’t have to answer questions unless you are under court order to do so. The right to remain silent thing is more of a reminder–in Miranda, the court found that custodial interrogation was inherently coercive, so warnings were necessary to level the playing field.

If you are a bystander and the police want to question you, and you are being uncooperative, they might try to pressure you into talking to them. Of course, you don’t have to answer their questions under most circumstances, but they are counting on that psychological pressure. Moreover, if they don’t suspect you, they might not give you *Miranda * warnings. After all, they aren’t planning on using your statements against you, but against someone else.

If they later decide to prosecute you, the initial questioning without warnings may taint later statements that you make, so they have to be careful in some cases. *See, e.g., * Missouri v. Seibert, http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=02-1371

Of course, if you don’t cooperate, you could be subpoenaed to testify before a grand jury. In that case, you do have to testify. You can assert your Fifth Amendment right against self-incrimination. But that assertion can be overcome by a grant of immunity. http://www.abanet.org/media/faqjury.html

See generally, http://www.aclu.org/images/resources/kyr_english.pdf

And if you were a career criminal, would you hesitate to fabricate the forgoing? :wink: