Can You Record Your Police Interrogation?

The right to record a police interrogation largely depends on your legal status and the specific circumstances of your questioning. Understanding these rights can help you navigate a potentially challenging situation more effectively.

Recording Non-Custodial Interrogations

If you are not in custody, you can typically record the police performing their duty. However, in California, you must inform the police that you are recording the interview before you start. It's important to note that if you are in custody, the police do not need to be recorded. In either case, having a competent lawyer present can significantly benefit you. This is because they can advise you on your rights and ensure you are treated fairly during the questioning.

Being Questioned: Specific Scenarios

The type of questioning can also impact your ability to record the conversation. You could be questioned as a person of interest, a bystander, a witness, or a suspect. Regardless of your role, it's crucial to clarify the nature of the questioning upfront and ask whether you are being charged with a crime or under arrest.

Steps to Take

Ask for the purpose of the questioning. Clearly inquire if you are being charged with a crime or under arrest. Tell them you will record the conversation on your phone, provided you are not under arrest. Stay silent if they object to the recording and insist on the presence of a lawyer. If they refuse to allow you to record the conversation and you are not under arrest, request to know if you are under arrest and leave if they have no reason to hold you.

Legal Rights and Limitations

Would it be legal to record your interrogation? The answer depends on your specific situation. For example, if you are under arrest, recording the interrogation is generally not allowed unless your lawyer gives you permission. Interrogation rooms and detective's offices are equipped with videocameras and microphones for evidence purposes, which means they are legally recorded.

However, if you are not in custody, you can record the interview. It's important to note that your smartphone may not be accessible in a police station, especially if you are already under arrest. The FBI has special protection under federal law, allowing them to avoid being recorded without a proper warrant.

Areas for Recording

Recording is generally not allowed in non-public areas of a police station. This means that while you can record in the interrogation room or detective's office, you cannot do so in other parts of the station. Understanding these limitations can help you protect your rights during the questioning process.

By understanding your rights and the limitations that apply to recording a police interrogation, you can better navigate the situation. If you find yourself in such a scenario, always seek the advice of a competent lawyer to ensure your rights are upheld.