Is denying an interview with an investigator obstruction of justice?

[Geozoide]

If an investigator is investigating reports of theft in a university dorm and wants to interview who he and suite mates believe to be the prime suspect, is it obstruction of justice for that suspect to refuse an interview? Also, I'd like to know about the suspect's right to privacy (in regards to property on the person and in the room). I understand that privacy is largely dictated by the specific university's policies.

Important aspects about the situation:
- Let's assume that there is NO solid incriminating evidence against this person.
- The investigator IS NOT affiliated with the college whatsoever.
- The suspect shares a room with 1 person, and a suite with 4 other people.
- This is a state university.

 

[mightymoose]

There is no obligation to speak with the investigator. It is in your best interest to not do so.

The privacy concerns are dependent upon the rules you agreed to when you moved into the dorm, but generally speaking permission would be needed for the investigator to do much of anything.

 

[Geozoide]

There is no obligation to speak with the investigator. It is in your best interest to not do so.

The privacy concerns are dependent upon the rules you agreed to when you moved into the dorm, but generally speaking permission would be needed for the investigator to do much of anything.

WOAH. No one said anything about ME.

I have two more questions: do you think that the suspect should record the encounter they have with the investigator, no matter how brief it may be? Should they make the investigator aware of their recording right from the beginning?

Also, the suspect carries a LEGAL knife around in their pocket. Is this something that the investigator could use against them in some ridiculous way?

 

[mightymoose]

If recording be sure to comply with the law. Typically informed consent is required.
If the knife is being carried legally there there should be no concern.

 

[army judge]

WOAH. No one said anything about ME.

I have two more questions: do you think that the suspect should record the encounter they have with the investigator, no matter how brief it may be? Should they make the investigator aware of their recording right from the beginning?

Also, the suspect carries a LEGAL knife around in their pocket. Is this something that the investigator could use against them in some ridiculous way?

I suggest you advise your associate to politely decline the interview.
He or she is under no obligation to say anything about anything.
Remember The Miranda Warning and a person's right to remain silent?
Well, tell your pal to simply say, "Under the advise of counsel, I must politely decline your invitation to be interviewed, and invoke my right to remain silent."

Then no matter what type of hijinks, how engaging the shenanigans might be, or what other manner of trickeration is employed; your pal should simply smile and keep his piehole closed. Other than name, date of birth, address, that's it.
Oh, some will persist, just be patient and don't respond.

You can never talk yourself out of an arrest, only into an arrest.

 

[Geozoide]

If recording be sure to comply with the law. Typically informed consent is required.
If the knife is being carried legally there there should be no concern.

I believe NY law says that it requires only one party to consent in order for audio/video recording to be lawful. I found that information here: reason dot com/archives/2012/04/05/7-rules-for-recording-police (can't post links because I don't have >10 post count)

I can't say that's the most reliable source.

I suggest you advise your associate to politely decline the interview.
He or she is under no obligation to say anything about anything.
Remember The Miranda Warning and a person's right to remain silent?
Well, tell your pal to simply say, "Under the advise of counsel, I must politely decline your invitation to be interviewed, and invoke my right to remain silent."

Then no matter what type of hijinks, how engaging the shenanigans might be, or what other manner of trickeration is employed; your pal should simply smile and keep his piehole closed. Other than name, date of birth, address, that's it.
Oh, some will persist, just be patient and don't respond.

You can never talk yourself out of an arrest, only into an arrest.

I like that. That's really good to keep in mind.

 

[Betty3]

You are correct - in NY 1 part consent is required. (1 party state)

However, I am not saying the person should go ahead & record - it is that person's decision. I am not giving legal advice - just information.