Can the Police Use Statements You Make in a Job Interview Against You?

Before the police interrogate you, they must advise you of your right to remain silent and to speak with counsel. In a non-custodial situation, however, the police are free to talk to you without giving you such warnings. And as one Central Florida man recently learned the hard way, this includes statements you make to the police during a job interview.

Former Apopka Police Officer Applicant Facing Life Sentence After Confessing to Sexual Abuse

Specifically, the defendant in this case, State v. Bodley, interviewed for a job as a police officer. In June 2021, the defendant applied for a position as a sworn officer with the City of Apopka’s Police Department. According to the Orange County State Attorney’s office, a police examiner performed a “voice stress analysis” as part of the interview process.

The examiner asked the defendant to “expand on concerning answers he provided in a pre-test questionnaire.” Apparently, the defendant admitted to “sexually abusing a child” several years earlier. In response, the defendant confirmed that he engaged in sexual abuse with a victim he did not identify.

Apopka police detectives initiated a formal criminal investigation. The detectives were able to identify the alleged victim. The State Attorney charged the defendant with sexual battery of a child under the age of 12 by a person under the age of 18. Under Florida law, this is a first-degree felony punishable by a sentence of up to life in prison.

Before the trial court, the defendant’s attorney moved to suppress the statements made during the job interview. The judge denied the motion. The court did, however, exclude additional statements the defendant made to the police following his arrest.

At trial, the defendant recanted his earlier confessions and denied abusing the alleged victim. The jury, however, found the defendant guilty. Sentencing in the case is scheduled for June 23, 2024.

Contact the Joshi Law Firm Today

This case is a bit unusual in that the defendant was not under active criminal investigation until he voluntarily applied for a job as a police officer and confessed to committing a crime. And it is important to note that the confession alone did not lead to the defendant’s conviction. The police and the State Attorney obtained corroborating evidence from the alleged victim.

Still, the lesson here should be obvious: Never make any voluntary statement to the police regarding a possible crime, especially if they were unaware of the crime beforehand. If you are not being actively questioned as a suspect, then the police do not have to advise of your Miranda rights. They can just listen to your confession, which can then be used against you in court.

Even if you think the police might arrest you on suspicion of some crime, do not think that giving a voluntary statement will help your case. It almost never does. Instead, your best option is to consult with a qualified Orlando sex crimes lawyer who can advise you of your rights and ensure your legal interests are protected. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

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