Can A Police Officer Record His Phone Conversation With You To Use As Evidence Without Notification?

I currently have a friend who has asked me this questions and am not sure to the answer.

A police officer called him and asked him if they could ask him a few questions without notifying him that the conversation was going to be recorded. The phone conversation is now being used against him as evidence in court.

Did the officer need to notify him that he was going to be recorded? If so, is there any Penal Code or legal type of documentation stating this?

I do know that the Miranda Rights did not apply since questioning was being done over the telephone.

I can't believe anyone would talk to the police without an attorney present, regardless of their guilt or innocence..

yes as long as one of you know its being recorded and guess what he does so YES is the answer

In Missouri, only one person involved in the conversation needs to be aware that it is being recorded. This would be perfectly legal here.

I thought all police calls were recorded. The beep tells you it is recording,

It depends apon the states law. The fact that he's a cop dosen't give him carte blanc to record conversations.

This link might help: http://www.rcfp.org/taping/

The law varies state to state. You need to check with local government. See if it applies to your friend. Good Luck..... ;)

Miranda applies when you're being arrested.

You don't say where you are so the answer is YES and NO.

Read the links below and then your friend should call his lawyer. By the way, why you doing his dirty work. Is he that lazy? Let him read and research. How else is he going to learn if you do all the work?

As far as I know, it is illegal for any person to record a conversation with another person you are talking to, without you knowing. For examply, any kind of law enforcement officer, can not record a conversation you are having with a friend or someone else. As for the police recording his own call with a suspect/person, it's likely to be legal; I doubt it's illegal but if it's being used against him in a court already, then it's for sure legal.

as long as one of the people knows it is recoreded it is perfectly legal.they are not required to tell the other person they are being recorded.obviously what it shows is that your friend was lying.
------retired texas deputy sheriff------

Yes, this is legal in most states. You are correct, Miranda does not apply because there was no custody.

Twelve states currently require that BOTH or ALL parties consent to the recording. These states are:

California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
Nevada
New Hampshire
Pennsylvania
Washington

In the state of Arizona only ONE person has to know that it is being recorded.

Wow. Someone who understands Miranda!

As you've seen, it depends on the state your friend is in.

In California, I do not (contrary to information from previous posters) have to tell anyone I am recording them. Those conversations are routinely admitted as evidence in California courts.

Miranda Rights should be done away with because they only serve as a technical way for the guilty to get off. A three year old knows miranda but thats another topic. As per your question, Yes a Police Officer as well as anyone can tape a conversation as long as one of the parties is aware of the taping. I do it all the time and use it as evidence against people on a regular basis. You also have the right to politely end the conversation and hang up the phone.

In Canada you wouldn't have to notify the person that they were being recorded.

We are required to caution people that they are suspects in a incident and that they are not required to say anything, but whatever they say may be taken in evidence, before talking to a suspect (even on the phone and even when not in custody).
Statements made by a suspect pre-caution would not be admissible in court.

Here in Canada only one person needs to be aware that the recording is being made.

Just FYI Trooper3.

California does require both parties to know that the conversation is recorded. An exception to that is during an official police investigation. So if the above case was in CA then it would be legal.

It depends on whether or not there was a judge that signed an order to allow a wiretap. Or if your friend consented to the interrogation.