Is it legal and admissible in court to record a telephone conversation?

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I’m in Indiana and my girlfriend ( or ex, rather ) taped me on her cell phone making a confession to something. She is now out to burn me in Court with the tape because she became unhappy with our relationship.
It happened over a month ago and I was not aware I was being recorded.
Is it legally admissible? If not, what do I need to say in court?
If so, what can I say or do?
Thanks

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One Response to Is it legal and admissible in court to record a telephone conversation?

  1. Samarie2692 says:

    While the U.S. federal law only requires one-party consent, many states have accepted different laws. In some states all parties must give their consent or at least be notified that the call is about to be recorded (with necessary opt-out option: if you don’t like them to record the call, you can ask them to stop recording). There also was a case law decision from many years ago (the 1950′s) that went to the Supreme Court and affirmed that the federal law does not supersede state authority/statutes unless the call or the tap crosses state lines – that is why each state went ahead and established their own guideline/statute.

    States Requiring One Party Notification
    Alabama
    Alaska
    Arizona
    Arkansas
    Colorado
    District Of Columbia
    Georgia
    Hawaii
    Idaho
    Illinois
    Indiana
    Iowa
    Kansas
    Kentucky Louisiana
    Maine
    Minnesota
    Mississippi
    Missouri
    Nebraska
    Nevada
    New Jersey
    New Mexico
    New York
    North Carolina
    North Dakota
    Oklahoma Oregon
    Ohio
    Rhode Island
    South Carolina
    South Dakota
    Tennessee
    Texas
    Utah
    Vermont
    Virginia
    West Virginia
    Wisconsin
    Wyoming

    So technically, yes, what she did was completely legal. I honestly can’t tell you what to say in court because I don’t know the circumstances, but I can say, if its likely to get you into a lot of trouble, try hiring a really good attourney. Sorry I can’t help more.

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