I was forcibly taken by two DEA agents and a US Marshall into the rear of unmarked car in the rear of an alley. They questioned me about my involvement in a criminal enterprise. I spoke to them for about twenty minutes and told them everything I knew.
Assuming that I am later indicted, a judge finds that I was free to leave the car, and a judge finds that I was being not interrogated, can the government use anything I said in the car against me?
I think you really have two questions. I am going to assume that the "conversation" was not being recorded and that no recording of the "conversation" is going to be used against you. If that is the case, the questions are: 1. is the statement admissible; and 2. what weight should the statement get?
If all of the assumptions above are true, most likely the statement is admissible against you. However, you should remember that you have a right to confront and cross examine the government agent testifying against you and bringing in the statement. The only people that can bring the statement in are the agents that were in the car. Your lawyer will get to cross examine the witnesses. If this case is a RICO (Racketeer Influenced and Corrupt Organizations) the government has unlimited resources. The suggestion that the government was unable to tape record, video record, or at least write down your statement and have you sign it is absurd. Your lawyer should be able to really cross examine the witness on this point and suggest to the jury that the statement be given very little wait.
Labels: admissibility, cross examine, interrogation, racketeer influenced and corrupt organizations, RICO