A Miscarriage of Justice

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Pirate FlagMP3 players are devices used to pirate music, allowing its owners to get songs for free without giving artists and the record labels that produce them what they deserve. An MP3 player was recently put to another illegal use that has landed a police officer in hot water.

A teenage suspect who secretly recorded his interrogation on an MP3 player has landed a veteran detective in the middle of perjury charges, authorities said Thursday.

Unaware of the recording, Detective Christopher Perino testified in April that the suspect “wasn’t questioned” about a shooting in the Bronx, a criminal complaint said. But then the defense confronted the detective with a transcript it said proved he had spent more than an hour unsuccessfully trying to persuade Erik Crespo to confess – at times with vulgar tactics.

Sometimes getting a confession out of a murder suspect is very difficult, but it needs to be done without a slippery defense attorney getting in the way. And in this case, didn’t the suspect break the law by recording the police officer without his knowledge or permission?

Perino had arrested Crespo on New Year’s Eve 2005 while investigating the shooting of a man in an elevator. While in an interrogation room at a station house, Crespo, then 17, stealthily pressed the record button on the MP3 player, a Christmas gift, DeMarco said.

After Crespo was charged with attempted murder, his family surprised DeMarco by playing him the recording.

I suppose the cop haters out there will love this. But why isn’t the murder suspect being charged with illegal recording? I bet if they search his MP3 player, they will find a lot of unpaid for music, unless he’s wiped it clean since exposing his use of the MP3 player to entrap the police officer.

Is it really legal to record an officer without his consent? If so, it certainly shouldn’t be.  If not, this is certainly a miscarriage of justice.

See also: Support Your Local Police.

— Psycheout

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5 Responses to “A Miscarriage of Justice”

  1. jack fate Says:

    I suppose the cop haters out there will love this. But why isn’t the murder suspect being charged with illegal recording? I bet if they search his MP3 player, they will find a lot of unpaid for music, unless he’s wiped it clean since exposing his use of the MP3 player to entrap the police officer.

    That’s only if you can prove the recordings on his MP3 player were stolen in the first place.

    Is it really legal to record an officer without his consent? If so, it certainly shouldn’t be. If not, this is certainly a miscarriage of justice.

    Huh? The rule of thumb is: documentation is king. That’s why you get read your Miranda Rights and that’s why arresting someone involves a whole poop-load of paperwork. Documentation, with regards to government agencies (which a police officer is a part of) is totally legitimate, including audio recordings. Police officers, like most other agents of the government, have no expectation of privacy in their official capacity.

    You’re really a Conservative?

  2. jack fate Says:

    Also, you cannot entrap an officer of the law. It is logically impossible if (s)he is doing their job correctly.

  3. ed Says:

    In New York, only one party must consent to a recording, so you can consent yourself to a recording that you are making. A judge will determine the validity and admissibility of the recording in court proceedings. Law enforcement is not above the law. What would be the point of being a nation of laws if law enforcement could circumvent the law at will? This is not a liberal or conservative issue, it is fundamental to America.

    “Better that ten guilty persons escape, than that one innocent suffer,” said
    English jurist William Blackstone. This is the backbone of American jurisprudence as well and illustrates clearly why the law cannot be above the law.

  4. ChenZhen Says:

    “stealthily” indeed. I’m sure the cops will be wise to this one from here on out.

  5. MikeL Says:

    So, a cop gets caught lying to a judge, and all you can do is speculate that if the recording device had music on it, it may have been illegally copied?

    You’re really a Conservative?

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