In California, law enforcement often employs a powerful investigative tool known as a “pretext call” when investigating sexual crimes. This tactic, authorized under Penal Code Section 633, can significantly impact the outcome of a case.

What is a Pretext Call?

A pretext call is a recorded telephone conversation between the alleged victim and the suspect, typically orchestrated by law enforcement. The primary goal is to elicit incriminating statements from the suspect, who is unaware that the call is being monitored and recorded.

Law enforcement officers usually supervise these calls, often providing the victim with a rough script or key phrases to use. The victim might ask questions like, “Why did you have sex with me after I pushed you away and told you to stop?” or make statements designed to prompt a confession or apology.

Under California PC 633, law enforcement officers are allowed to conduct and record these calls without getting a court order first if they are acting within the scope of their official duties. This exemption from normal wiretapping restrictions gives investigators significant latitude in gathering evidence.

Impact of Pretext Calls

Pretext calls can occur days, weeks, or even months after the alleged incident. They are particularly useful in cases where physical evidence is lacking. By capturing the suspect's own words, investigators hope to corroborate the victim's account.

Unfortunately, these calls can be a dangerous trap. Statements made during a pretext call can lead to a confession during subsequent police interviews or be used directly as evidence at trial.

How the Sigal Law Group Can Help

If you are facing sexual crime allegations in California, it is important that you understand the nature and potential consequences of pretext calls.

While pretext calls are legal under PC 633, their use raises important questions about privacy and self-incrimination. These investigative tactics underscore the importance of seeking experienced legal counsel immediately if you suspect you're under investigation or have been contacted by someone regarding a past sexual encounter.

Moreover, it is critical to understand that anything said during a pretext call can significantly impact your case. The Sigal Law Group understands that anything said during a pretext call can significantly impact your case. As such, they will work diligently to ensure these calls remain out of evidence whenever possible. Contact our offices today for a free consultation.