Beware of the Confrontation Call!
What is a Confrontation Call?A confrontation call is when law enforcement uses an accuser to call a suspect to confront them about committing an alleged offense. Often law enforcement will meet with the accuser and give a list of topics to cover. More than anything, the police want the cover to sound natural, like a regular conversation between the two people.
The hope is that the accuser can elicit a suspect into admitting his/her participation in a crime. The confrontation call is recorded by law enforcement and later used by the State when prosecuting the suspect.
What about Miranda Rights?Many people are confused about Miranda rights and when they are required. The general rule is that Miranda rights are only required when an individual is 1) in custody and 2) being interviewed by law enforcement.
Why are Confrontation Calls Legal?Confrontation call are legal because you are not being interrogated by law enforcement. This is nothing more than a conversation between two people that is being surveyed by law enforcement. The fact that it is being recorded is also perfectly legal.
Why are Confrontation Calls so Effective?In short, a suspect has just admitted to committing a crime and it is recorded. When the suspect goes to trial, the jury will hear this individual making a full admission to his/her participation in the crime. Here is an example of a common confrontation call from a recent case:
Accuser: I wanted to talk about what you did.
Accuser: I am concerned that the police are gonna question me and I don't want to get in trouble.
Suspect: You ain't got nothing to worry about cause you didn't do nothing.
Accuser: Well, what are you gonna to do with your cut of the money from the hit?
Suspect: I don't know yet. It ain't easy to hide $20,000.00 just like that.
Accuser: Do you think the police will be able to link you to the crime?
Suspect: Nah! The cops don't know shit. We were out of the bank before they even knew shit was goin down. That dumb-ass security guard was practically sleeping through the whole thing.