Is a recorded telephone conversation admissible for evidance in court?

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8 Responses to Is a recorded telephone conversation admissible for evidance in court?

  1. trooper3316 says:

    If your state is a "One Party Consent" state, you can legally record a conversation. Otherwise, both parties need to have knowledge it is being recorded.

    As long as the recording was not in violation of state law, it will be allowed.

    Twelve states currently require that BOTH or ALL parties consent to the recording. These states are:

    New Hampshire

  2. tianjian_8 says:

    I believe the standard is only if both parties were aware that it was being recorded. So obviously if someone called and left a message it would be admissable or if they call 911, since it is common knowledge that those calls are recorded. Surreptiously recording a phone conversation and trying to get it admitted; No.

    I believe the question is not addressing governmental agencies, which over course is another issue.

  3. LalaBaby says:

    You can legally record in some states, IF you are a party to the conversation, but the other party must agree if it is to be admissible in court.
    Google "phone recording laws"..

  4. tuffnstuff says:

    Regardless of the state, if your lawyer is good, they can find some precedent to introduce it as evidence. Best bet: Don’t say anything incriminating over the phone… better yet… don’t get in trouble.

  5. Brigid_01 says:

    In my state, they allow you to do this. However, it is against the constitution unless the person being recorded gives their consent. Check out the Fourth Amendment sometime.

  6. murigenii says:

    Depends on the state…here both parties must be aware that the conversation is being recorded AND have agreed to it. Now, if you tell someone you’re recording and they simply keep talking that is implied consent.

    Oh and the US Constitution does not necessarily apply to things between private individuals. State laws have been enacted to deal with that.

  7. Matt says:

    It should be. Why not but to hide evidence.

  8. Kissthepilot says:

    this is why many phone centers have a recording that tells you the call may be recorded for quality assurance reasons. Also, when you call many government offices, you hear a beep every few seconds, which is your clue that you are being recorded. It’s different between private individuals, though. Remember that lady that recorded Monica Lewinsky? I think she went to prison for something, didn’t she?

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