What is a One-Party Consent Call?
Michigan is a ‘one party consent’ call state for purposes of recording phone calls. In other words, if you are a party to a phone call, you can record the call without having to tell anyone else on the phone call that you are recording.
This tactic is often used by a detective during the investigation stage. Majority of the police departments in Michigan have been taught how to perform a “one party consent call”. The purpose of a “one party consent call” is to get the accused to admit/confess to doing the alleged crime. (See below)
SPECIFICS OF A “ONE PARTY CONSENT CALL”
The detective who is assigned to the complaint made by the accuser has the accuser come into the police station and call and/or text the accused. The accused typically does not expect the call to be taped and/or the fact that the accuser has a detective sitting alongside of him/her while he/she makes the call/text. The detective will assist the accuser in what to say to the accused and how to say it.
Note: Sometimes the accused is not sitting next to a detective because the phone call and/or text has to take place before/after business hours or on the weekends. If that is the case, the detective would have already discussed and directed the accuser about what to do, what to say, and how to say it.
The detective’s goal in using a “one party consent call” with the accused is to see if the accused admits to any of the “elements” of Criminal Sexual Conduct as alleged by the accuser.
The phone call between the accused and the accuser will be recorded. If the accused used text messaging instead, the detective will take pictures of the text thread and use it against you. The taped call and/or the text thread will then be forwarded to the state.
If the accused says or texts anything that confirms the accused allegations, the call and/or text will be equivalent to a CONFESSION and will be used against you. Your own statements and /or your own words will hurt you.
The “one party consent call” may be one of the most controversial tools used against an accused. Therefore, its imperative that you have the prior Chief of the Sex Unit, Nicole, the person who used to direct the police officers to make those phone calls and what to say, in your corner. Nicole has directed 100s of “one party consent calls”. NO OTHER LAW FIRM IN MICHIGAN CAN SAY THEY HAVE DONE THE SAME.