ANSWERS: 1
  • It is not illegal for a law enforcement officer to record an interrogation that takes place between you and himself. Both federal statutory law and Wyoming state statutory law allow one party to a communication to record the communication without the other party's knowledge or consent. Under the Fourth Amendment, it makes no difference that the recorded interrogation took place in your home. See, e.g., United States v. White, 401 U.S. 745 (1971). You voluntarily allowed the detective into your home and you voluntarily submitted to an interrogation. You have no expectation of privacy that was violated simply because the interrogation took place in your home. It makes no difference that you were not under arrest. If you were under arrest, the law enforcement officer would be required to warn you that you have the right to remain silent and that any statements you make can and will be used against you. Because you were not in custody, the warning was not required. In many respects, you were fortunate that the interrogation was recorded. The "evidence" of the recorded communication is now the recording itself rather than the fading and biased memories of the parties involved. If law enforcement officers fail to follow proper chain of custody procedures, tamper with the evidence, alter it, lose it, or destroy it, you may have several grounds under federal and state law to motion the court to exclude the detective's testimony.

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