Detectives Questioning You

[mrtenebrae]

My question involves police conduct in the State of: Minnesota

I present my concern here in this forum as it seems to come closest to my subject.

This is a somewhat hypothetical query, as a situation of this nature happened to me a number of years ago. I want to be prepared should this happen again.

This matter involves detectives from a police dept. calling you and asking you to come in to police dept so they can talk to you, or, if they personally visit you in your home.

They establish with you they want to talk to you, you aren’t a person of interest or suspect in a criminal matter. They “think” you might have information that can help them solve a serious crime committed by a friend, neighbor, or associate of yours.

Do you “have” to talk to them at all about the matter? Since you aren’t a person of interest or a suspect and they know you didn’t commit the crime or in any way were an accessory., do you have to say anything to them about the person or suspect or the crime?

Do you have to allow them into your home without a search warrant? Can you insist they talk to you outside in your yard?

And lastly, can you record any conversation you have with them on a recording device?

Thanks for all serious thoughtful responses.

[pg1067]

Do you “have” to talk to them at all about the matter?

No.

Since you aren’t a person of interest or a suspect and they know you didn’t commit the crime or in any way were an accessory., do you have to say anything to them about the person or suspect or the crime?

This seems to be the same question but with more words, so the answer is the same.

Do you have to allow them into your home without a search warrant?

No.

Can you insist they talk to you outside in your yard?

Yes, but keep in mind that this would look suspicious.

And lastly, can you record any conversation you have with them on a recording device?

We have no knowledge about the information of this hypothetical person you are referring to as "you." If your intent was to ask about legality, google "minnesota recording laws." It appears that Minnesota is a one-party consent state.

[mrtenebrae]

Thanks for response.

The law in Minnesota:
In Minnesota, it is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication.
Minnesota Recording Laws - Recording Law

Hypothetically, if I was to agree to talk to detectives under the circumstances I stated, I would ask them if I could record the conversation. If they said no, I would advise them that I will speak to them only with my lawyer present. I learned the hard way not to talk to them even if I am not a suspect or person of interest. I also learned the hard way that, if I am a suspect or person of interest, not to say anything to them without a lawyer present to represent me. They have an almost supernatural way of turning even the most innocent innocuous statements into something they are not intended to be. I am not easily intimidated, and that seems to infuriate them even more.

Even without their consent, I can't believe it would be against the law to record them, even without their knowledge. What they don't know can't hurt. The recording could be helpful for a lawyer to listen to, give him insight into the content of the interview and tactics and techniques employed by detectives. While the recording is not admissible in court, it still could help with legal defence tactics.

[Taxing Matters]

Even without their consent, I can't believe it would be against the law to record them, even without their knowledge. What they don't know can't hurt. The recording could be helpful for a lawyer to listen to, give him insight into the content of the interview and tactics and techniques employed by detectives. While the recording is not admissible in court, it still could help with legal defence tactics.

If the law of your state makes it illegal to record without the consent of every participant to the conversation then simply making the recording itself may be a crime even when the conversation is an interview with the cops. If it is and you make the recording, that would give the cops a reason to arrest you if they are unhappy with you. So the issue is more than just whether the recording might be admissible. It's an issue of whether you might end up with an arrest and criminal conviction for doing it. But it sounds like your state is a one party recording state, so it should not be an issue for you.

You have the right to refuse to talk to the cops unless you are ordered to do so by a properly issued summons or subpoena.

[pg1067]

As mentioned previously, Minnesota is a one-party consent state. What that means is that any party to a conversation may legally recorded it, with or without knowledge or permission of other parties involved.

[adjusterjack]

This matter involves detectives from a police dept. calling you and asking you to come in to police dept so they can talk to you, or, if they personally visit you in your home.

They establish with you they want to talk to you, you aren’t a person of interest or suspect in a criminal matter. They “think” you might have information that can help them solve a serious crime committed by a friend, neighbor, or associate of yours.

They are lying to you. Period.

Do you “have” to talk to them at all about the matter?

No.

Do you have to allow them into your home without a search warrant?

Of course not. Have you been living under a rock all your life that you don't know that?

And lastly, can you record any conversation you have with them on a recording device?

Yes.

But now watch these videos and learn why you never talk to cops, especially under the circumstances you describe.

https://www.youtube.com/watch?v=8GjCJ6Xqjg0

https://www.youtube.com/watch?v=-FENubmZGj8

[RJR]

Do you have to allow them into your home without a search warrant?

Yes, if they have an arrest warrant. Well, you don't "have to", but it could result in a forced entry.

And lastly, can you record any conversation you have with them on a recording device?

You can record the police in the act of a governmental function even if they do not know it.

[mrtenebrae]

The point I am attempting to make is for one to make a recording without the interrogator(s) knowledge. An example would be to turn on the recording feature of my cellphone and have it in my shirt or coat pocket and record conversation.
I know it isn't admissible in court under the circumstances, but, the words that become sentences could be enlightening to one's legal counsel without ever letting on the conversation was recorded. In Minnesota it is legal to record a conversation, as has been established. A lawyer could pick up on a lie or anomaly or even breach of law acted out by the interrogator(s) and fashion his questions to interrogator, in court, at trial, accordingly.
The question(s) the lawyer may ask the interrogator(s) could very well originate verbally by the client who "remembers" such lies, etc. spoken by interrogator(s).
Regardless, I do not trust the court system in this country what-so-ever.

[RJR]

The recording would be admissible if the Court permits it as relevant evidence.

[adjusterjack]

The point I am attempting to make is for one to make a recording without the interrogator(s) knowledge. An example would be to turn on the recording feature of my cellphone and have it in my shirt or coat pocket and record conversation.

The reason you don't do that is that the cops are way, way smarter than you and anything you say on the recording will incriminate you despite your erroneous belief that you have the upper hand.

Watch the videos.