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Miranda Rights

Criminal Law Discussion Forum

Miranda Rights

Postby Garrson » Fri Dec 02, 2016 11:37 am

A State Dept. of Labor investigator asked me to participate in an interview concerning a specific week in which I had filed for unemployment benefits. This was conducted over the phone.I was asked to take a Miranda oath.The investigator is not Law Enforcement,and has no powers of arrest.I was not accused of a crime.Is this Miranda oath binding in this instance?The interview was recorded,and it was never stated that it was to be recorded.I know this because of the statement mailed to me.Isn't this illegal?
Garrson
 
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Joined: Mon Apr 14, 2014 12:38 am

Miranda Rights

Postby Benon » Sat Dec 03, 2016 8:42 am

Kenny,

I am not sure, but I imagine that if you were read your Miranda Warnings or "rights" while being audio recorded then you were being questioned pursuant to an investigation(which ostensibly carries with it criminal penalties).  The Miranda Warnings you received might be legally binding as to your oral statements if it could be shown that you understood the implications of the warnings and agreed to waive them by providing the investigator a statement and/or answering questions.       

With regard to the recorded interview the eavesdropping laws are as such:

Most states have one party knowledge eavesdropping laws but twelve states currently require that all parties consent to the recording. These states are:    * California    * Connecticut    * Florida    * Illinois    * Maryland    * Massachusetts    * Montana    * Nevada    * New Hampshire    * Pennsylvania    * Washington

One-party notification states:

All other states(and the District of Columbia) not listed above require only that one party consent. Michigan's eavesdropping statute seems to put it into the two-party category, but the courts have ruled that in Michigan, a party may record their own conversation without the consent of any other parties but cannot grant that right to a third party. There are certain exceptions to these rules. Of course, if a caller in a one-party state records a conversation with someone in a two-party state, that caller is subject to the stricter of the laws and must have consent from all callers, see the case of: Kearney v. Salomon Smith Barney Inc., 39 Cal. 4th 95(2006).

The FCC defines accepted forms of notification for telephone recording by telephone companies as:    * Prior verbal(oral) or written consent of all parties to the telephone conversation.    * Verbal(oral) notification before the recording is made.(This is the most common)    * An audible beep tone repeated at regular intervals during the course of the call.    

Jeff

Jeffrey Hauck

Licensed Private Detective

www.private-eye.homestead.com

Pennsylvania Private Investigator
Benon
 
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Miranda Rights

Postby Boise » Sat Dec 03, 2016 10:08 am

A State Dept. of Labor investigator asked me to participate in an interview concerning a specific week in which I had filed for unemployment benefits. This was conducted over the phone.I was asked to take a Miranda oath.The investigator is not Law Enforcement,and has no powers of arrest.I was not accused of a crime.Is this Miranda oath binding in this instance?The interview was recorded,and it was never stated that it was to be recorded.I know this because of the statement mailed to me.Isn't this illegal?
Boise
 
Posts: 34
Joined: Tue Feb 25, 2014 8:34 pm


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