The "pretext" phone call is an investigative tool that can be used in a wide variety of criminal investigations and that can be especially effective in sexual assault investigations. It's a tape-recorded telephone call between the victim and the suspect.
The victim, taking an active role in the investigation, typically initiates the call under the supervision of a police officer. This act of empowerment is a crucial part of the process. The suspect, unaware that the call is being recorded, engages in a conversation aimed at soliciting incriminating statements.
Simply put, pretext phone calls, also known as controlled calls, are an investigative tool used in sex crime cases to obtain incriminating statements from suspects, often by having the victim or a person working with police make a recorded phone call while the suspect is unaware.
The primary goal is to elicit admissions, apologies, or other statements that can be used as evidence. These calls can be particularly effective in cases where physical evidence is limited or missing, or when the victim has delayed reporting the incident. Police often work with the victim to meticulously develop a strategy for the call, including what questions to ask and how to engage the suspect. This level of planning underscores the professionalism and dedication of law enforcement.
The call is typically initiated by the victim or a person working with the police, posing as a friend or acquaintance. The conversation is secretly recorded, with the suspect unaware that they are being monitored. The recorded statements are then used as evidence to build a case, corroborate victim testimony, and potentially obtain search warrants. It's crucial to remember the emotional and psychological impact this process can have on the victim, highlighting the need for support and counseling.
Crucial Considerations
When using this technique, it's crucial to consider the potential emotional and psychological impact on the victim, doing so with their consent and in consultation with victim services. It's also essential to ensure that the pretext call complies with all relevant laws and regulations, including those related to privacy and consent.
Pretext calls can provide valuable corroborating evidence when physical evidence is lacking. Incriminating statements can be used to build a stronger case against the suspect, and recorded statements can help make the victim's testimony more credible in court.
The call can be emotionally challenging for the victim, and it's important to provide support and counseling. Defense attorneys may challenge the admissibility of the recorded statements in court if they believe the call was improperly conducted or the victim was coached. While pretext calls can be helpful, they do not replace the need for physical evidence in a case. Physical evidence remains a crucial component of a comprehensive criminal investigation.
Pretext phone calls are often utilized in cases where the victim and suspect know each other. This is because the victim will already have the suspect's phone number, or vice versa, or the victim can devise a creative way to obtain the suspect's number.
Also, they can be particularly helpful in drug and alcohol related sexual assault cases where they knew each other, even if only as acquaintances. In such an instance, the victim will be directed to ask questions.
Pretext Call Quick Facts
- A pretext call is a trap phone call from the alleged victim to the suspect, often in sexually related investigations..
- The police record the call and "coach" the victim into trying to get the suspect to confess or apologize for certain conduct.
- The police typically control the call, and the suspect is unaware that the police are listening to the conversation.
- Often, a victim reports something that took place weeks, months, or even more than a year ago.
- California Penal Code 633 makes recording a pretext call legal.
- The alleged victim, guided by law enforcement, initiates the call.
- The victim will seek an explanation, apology, or clarification about certain events.
- The conversation is recorded without the suspect's knowledge and may be used as evidence in a criminal case.
- The goal of a pretext call is to obtain incriminating statements from the suspect.
- Police seek to create a setting where the suspect feels comfortable or compelled to admit to certain facts.
- It's important to note that the suspect's rights are also considered in this process.
- Suspects should not be unduly pressured or coerced into making incriminating statements.
Are Pretext Calls Legal?
Notably, California is a two-party consent state for recording phone calls, meaning that, under normal circumstances, it's illegal to record a call unless all parties on the call agree to it.
However, as noted, under California Penal Code 633 PC, police can record conversations without consent if it's part of a criminal investigation. In sexual crime cases, this allows an alleged victim working with law enforcement to record a suspect without their consent. Further, the recording may be used as evidence in court.
This exception applies only when police are involved in directing or supervising the recording. If a civilian records a conversation without the explicit involvement of law enforcement, it could be deemed illegal and inadmissible in court.
Penal Code 633 PC says, "(a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits the Attorney General, any district attorney, or any assistant, deputy, or investigator of the Attorney General or any district attorney, any officer of the California Highway Patrol, any peace officer of the Office of Internal Affairs of the Department of Corrections and Rehabilitation, any chief of police, assistant chief of police, or police officer of a city or city and county, any sheriff, undersheriff, or deputy sheriff regularly employed and paid in that capacity by a county, police officer of the County of Los Angeles, or any person acting pursuant to the direction of one of these law enforcement officers acting within the scope of their authority, from overhearing or recording any communication that they could lawfully overhear or record prior to January 1, 1968."
Possible Misuse of Pretext Calls
It's important to note that pretext calls are not without controversy. There is a potential for these calls to be misused, especially when the context of a conversation is manipulated. This can often lead to false accusations or tainted evidence, which a criminal defense attorney must then challenge in court. It's crucial to be aware of these potential pitfalls and to always conduct pretext calls with the utmost caution and ethical conduct.
- False Accusations. One way pretext calls can be misused is related to false accusations. A person falsely claiming to be a victim of a sexual crime could use a pretext call to manufacture evidence against a suspect. Thus, the suspect's statements might be taken out of context and used unfairly to support the accusation.
- Statements Taken Out of Context. Another potential concern is the possibility that a suspect's statements may be misinterpreted. The manipulations of the conversation, along with its emotional nature, can lead to ambiguous responses.
- Entrapment. This occurs when police or individuals working under their direction induce a suspect to commit a crime they would not have committed otherwise. The blurred lines in pretext calls can make this concern relevant in some cases.
How a Defense Attorney Can Help
Suppose you have been subjected to a pretext call in a sex crime investigation. In that case, your best option is to seek assistance from our skilled California sex crime defense lawyers. We can challenge the validity of the call and ensure that any evidence obtained through the call is used fairly in court.
We can scrutinize the pretext call for signs of coercion, misrepresentation, or improper conduct by law enforcement. We can argue that the call was unfairly manipulated or that statements were taken out of context.
Suppose the pretext call was conducted in violation of California law or law enforcement's procedures. In that case, we can move to suppress the evidence, preventing it from being used against you in court. We can also investigate the credibility of the alleged victim, seeking evidence of bias, ulterior motives, or false claims. We will build a defense strategy that counters the accusations.
If law enforcement has overstepped its bounds, such as by pressuring the alleged victim or engaging in deceptive practices, we can ensure that your constitutional rights are upheld. For more information, contact our criminal defense lawyers at the Hedding Law Firm, located in Los Angeles, CA.
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