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Sorry for the newbie question, but can the subject record his own interrogation ? God Bless Smile


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Posts: 3067 | Location: Sector 001 | Registered: October 30, 2009Reply With QuoteReport This Post
wishing we
were congress
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Was the Michael Flynn interview recorded ?

(don't think so)
 
Posts: 19558 | Registered: July 21, 2002Reply With QuoteReport This Post
Armed and Gregarious
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quote:
Originally posted by HayesGreener:
My agency followed suit . . .
Because your agency has a long history, dating back to its inception in 1948, of mimicking FBI policies. It used to frustrate me to no end that I was not allowed to record suspect interviews, when I worked there. Nothing shuts down a motion to suppress a statement faster than providing a copy of an audio, or video, recording, which clearly shows the suspect voluntarily waived their rights and made the statement. Also, debates over the substance of the statements would have been rendered moot by a recording.

Several Article 32 hearings would have been much shorter, if that policy had not been maintained so long, and a recording were available.


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Posts: 12591 | Location: Nomad | Registered: January 10, 2003Reply With QuoteReport This Post
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Lavrentiy Beria, Joseph Stalin's head of the NKVD (secret police) reportedly said, "Show me the man and I'll find the crime." In other words, give me a target and I'll make up something against him. Sound familiar?

Totalitarian regimes rely on secret police forces and the distrust of one another to maintain their grip on power. Why is it that the USA needs a secret police force?




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Posts: 2857 | Location: Peoples Republic of North Virginia | Registered: December 04, 2015Reply With QuoteReport This Post
I believe in the
principle of
Due Process
Picture of JALLEN
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quote:
Originally posted by HayesGreener:
This is old news. The FBI started recording interrogations years ago. My agency followed suit video recording all subject interviews in about 2007


Interviews, not interrogations.

The column is a few years old, 2013, I believe.

I don’t know why anyone would put the slightest credence to notes prepared afterwards. Memories, misunderstanding, slight paraphrase, different emphasis, can change meaning. That 302 may be official, but it is not likely accurate.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

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Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
wishing we
were congress
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https://harvardlawreview.org/2...rding-of-statements/

on May 22, 2014 , the DOJ announced a substantial change in its policy, creating a presumption that FBI, DEA, ATF, and United States Marshals Service (USMS) agents will electronically record custodial interviews .

xxxxxxxxxxxxxxxxx

custodial interviews are where the suspect has been deprived of freedom of action in any significant way

Can anyone cite an FBI electronic recording requirement for noncustodial interviews ?

Have we heard one word of electronic recordings from the Clinton email investigation ?
 
Posts: 19558 | Registered: July 21, 2002Reply With QuoteReport This Post
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quote:
Originally posted by VBVAGUY:
Sorry for the newbie question, but can the subject record his own interrogation ? God Bless Smile


Several Courts of Appeal have ruled you have a First Amendment Right to record police and public officials regardless of state and federal laws.

I am thinking about during an interview or just questioning on the street. By the time it’s gotten to an interrogation you should already have a lawyer.

At least according to this:
http://www.dmlp.org/legal-guid...and-public-officials

This message has been edited. Last edited by: Jimineer,
 
Posts: 3953 | Location: UNK | Registered: October 04, 2009Reply With QuoteReport This Post
Just because you can,
doesn't mean you should
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There is no excuse for not recording nowadays.
Back when it meant old fashioned filming i could see it.
Now with digital video recorders there is no excuse at all.


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Posts: 9491 | Location: NE GA | Registered: August 22, 2002Reply With QuoteReport This Post
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Given what has come to light in the last several years, I'd have a darn tough time voting for conviction on a Federal jury. I don't think I could bring myself to trust the evidence even if the accused was the Devil himself.
 
Posts: 8954 | Location: The Red part of Minnesota | Registered: October 06, 2002Reply With QuoteReport This Post
Res ipsa loquitur
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In my experience, a recording or body cam will bring the state to the table or force a (D) to accept reality faster than just about anything else.


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Posts: 12458 | Registered: October 13, 2002Reply With QuoteReport This Post
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quote:
Originally posted by stickman428:
The FBI has no integrity or accountability.


That's pretty much my impression.

I tell folks there are actually 2 FBI's. One is competent, solves cases, isn't corrupt, and does a good job. That's the one that's on TV.

Then there's the real world FBI... I am sure there are agents there who do their best to be what they should be, but as an organization they seem to be corrupt from the day they were created.


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Posts: 770 | Location: Colorado Springs, CO | Registered: December 14, 2009Reply With QuoteReport This Post
Political Cynic
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thats chickenshit, but not surprising given how often they fabricate evidence and suppress evidence to the contrary

these guys seem to make Barney Fife look like the consummate professional



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Posts: 53158 | Location: Tucson Arizona | Registered: January 16, 2002Reply With QuoteReport This Post
Step by step walk the thousand mile road
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quote:
Originally posted by nhtagmember:
thats chickenshit, but not surprising given how often they fabricate evidence and suppress evidence to the contrary

these guys seem to make Barney Fife look like the consummate professional


Fife isn't an apt comparison.

They behave like the Cheka.





Nice is overrated

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Posts: 31419 | Location: Loudoun County, Virginia | Registered: May 17, 2006Reply With QuoteReport This Post
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Had a few occasions when FBI or FDLE wanted to "speak" to a person (that became my client). They called me and you should see the look of surprise on the agent's face when I walked in the room with them.

I had one agent actually tell me that there was no reason at all for me to be their. I told them I understood, but my client had lots of money and had no problem giving it to me!! (he caught the sarcasm) Interview was quite short.
 
Posts: 2044 | Registered: September 19, 2011Reply With QuoteReport This Post
semi-reformed sailor
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There is no reason that the FBI doesn't record each and every interview/interrogation....

I worked for a small PD and we had a little camera on the wall and you turned the thing on when you walked in the room. The audio/video was saved and only one guy could access the video...I can only assume it was unable to be erased, but I wasn't the computer guy.

We used our in car cameras to record in car interviews or inside a nearby building....or if all else failed we would use our phone to document the incident..

The only reason I can think of that they would not record interviews is so that they can manipulate the record to their favor.

If I was ever asked to give a statement or answer any questions, you can rest assured I'm recording it with my phone or asking for my attorney to be present.



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Posts: 11268 | Location: Temple, Texas! | Registered: October 07, 2006Reply With QuoteReport This Post
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quote:
Originally posted by MikeinNC:
The only reason I can think of that they would not record interviews is so that they can manipulate the record to their favor.
Yep
 
Posts: 107459 | Registered: January 20, 2000Reply With QuoteReport This Post
Be not wise in
thine own eyes
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I see no reason to believe anything coming from the FBI.

What evidence has been shown to demonstrate that the corruption is only at the top?

The leadership sets the standards for their subordinates.

I also believe it was reported that to get ahead in the FBI you needed to favor Liberal values.
Maybe the article I am thinking of was regarding being hired by the FBI.
Either way same results.

Yeah, yeah, I know, there are some good FBI agents.
But, then again why did these good agents not step up to help police the corruption within their organization?

I fully support Police and Law Enforcement when they hold themselves accountable.
The FBI has failed in this aspect.



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Posts: 5267 | Location: USA | Registered: December 05, 2004Reply With QuoteReport This Post
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quote:
Originally posted by kimber1911:
I see no reason to believe anything coming from the FBI.

What evidence has been shown to demonstrate that the corruption is only at the top?

The leadership sets the standards for their subordinates.

I also believe it was reported that to get ahead in the FBI you needed to favor Liberal values.
Maybe the article I am thinking of was regarding being hired by the FBI.
Either way same results.

Yeah, yeah, I know, there are some good FBI agents.
But, then again why did these good agents not step up to help police the corruption within their organization?

I fully support Police and Law Enforcement when they hold themselves accountable.
The FBI has failed in this aspect.


This. There are good and ethical agents working for the FBI, but if they challenge their managers for co-worker, supervisor, or management ethical violations, who’s going to win and who’s going to come out the loser? I’ve dealt with good agents and attempted without success to initiate a personnel complaint against other(s) for probable wrongdoing that would have been followed up by virtually any local or state agency that considered itself accountable to those it purports to serve. I was disgusted by the flat out refusal of FBI management to meet their obligations and by how they actually attacked a former member of their organization who did his duty long after he stopped getting compensated by “The People” for providing such services.

What’s particularly galling about this agency is the fact that they are allegedly responsible for investigating other police departments for illegal and unethical conduct, which (it’s now obvious to me) they themselves routinely commit. Most police departments recognized their obligation to electronically record interrogations decades ago as “best practices”, but not the FBI. There’s only one reason to hide conduct that occurs in an interrogation room where who’s credibility really matters is such an important issue.

The FBI’s lack of credibility isn’t even an issue any more, since court ordered transcripts and reports have become available to the public via Freedom of Information Act (FOIA) petitions were filed by organizations such as Judicial Watch and discovery requests filed by counsel for defendants were granted over the last couple decades. Want examples as to how a national police department can be even less accountable to those it purports to serve than local agencies? Subscribe to Judicial Watch and see what they get on an almost weekly basis.


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Posts: 10193 | Location: The Free State of Arizona | Registered: June 13, 2007Reply With QuoteReport This Post
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???

May 22, 2014 / 1:00 PM / 4 years ago

https://www.reuters.com/articl...dUSBREA4L0W320140522
 
Posts: 1406 | Location: Wilmington, Delaware | Registered: February 05, 2004Reply With QuoteReport This Post
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^^^^^^^^

What percentage of those interviewed/interrogated/questioned by the FBI are actually “in custody”?
 
Posts: 8954 | Location: The Red part of Minnesota | Registered: October 06, 2002Reply With QuoteReport This Post
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