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I’m told I can’t use a recorded conversation as evidence in court. Why?

The federal courts and every state have rules of evidence regarding what types of evidence are admissible and the authentication required for admitting that evidence. The requirements for a recorded conversation are no different. As a general rule, evidence obtained illegally cannot be used in court, and surreptitious tape recordings by telephone are illegal in most states under their respective penal (or criminal) codes. You must have permission from the party being recorded or, at the very least, give the other person notice that the call is being recorded.

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What is a crime?

A crime is any act or omission that violates a law which results in a punishment. Punishments can range from the payment of a fine to incarceration in jail. The level of the offense or crime will usually be set in proportion to the severity of the crime. For example, parking in a two hour parking zone for three hours is a crime, although this is typically considered an ‘infraction.’ The punishment usually involves the issuance of a ticket and an individual paying a fine. On the other end, robbing someone at gun point is a much more severe crime that can result in a lengthy prison sentence. If a statute merely encourages a conduct, but does not provide a punishment, then a violation is not generally considered a crime, even though you may be exposed to some type of civil liability.

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Can the Police Look at My Cell Phone?

The question of whether police officers can seize and search a cell phone typically comes up after a search has occurred. You can challenge the legality of the search and the admissibility of evidence resulting from the search. You can address the issue of the search and seizure in a civil case for invasion of privacy by the police. You can also do so in a criminal case against you initiated by the State.

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