Login|Contact Us
Question and Answer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

SO, WHAT IS THE U.S. STATUE THAT SAYS THAT THE TAPE CAN

 
RayAnswers's Avatar
  • Answered by:RayAnswers
  • Lawyer
  • Positive Feedback: 98.4 %
  • Accepted Answers: 10500
Verified Expert
in Legal

Recent Feedback

Positive
Thank you so much for helping me confirm the proper Will ceremony. You have...
Positive
Great job! Thank you for being prompt
Positive
Good
Positive
Was FAST accurate and offered TONS of great advice!!!
Positive
Thank you very much
Positive
satisfied with answer
Positive
Thank you for the good information!
Positive
very helpful and answered my questions honestly.
Positive
Thank you so much! I will pass along the info to my friend and we are going to...
Positive
Easy to under stand. Thanks.

Customer Question

SO, WHAT IS THE "U.S." STATUE THAT SAYS THAT: "THE TAPE "CAN NOT" BE USED BECAUSE CONSENT 'WAS NOT" REQUESTED OR GIVEN??

Submitted: 1446 days and 23 hours ago.
Category: Legal
Value: $15
Status: CLOSED
Picture
Expert:  RayAnswers replied 1446 days and 22 hours ago.

Thanks for your question. Here is the information you asked for hear about telephone taping. There is both federal awl and each state has one too. Oftenit vaires here depending on which state you are in here. At any rate here is the article you need..

http://www.rcfp.org/taping/


A second source with tehhe actual law-click on federal law here..

http://www.callcorder.com/phone-recording-law-america.htm

Customer replied 1446 days and 11 hours ago.

SO, WHAT IS THE "U.S." STATUE OR CALIF. STATUE THAT SAYS THAT: "THE TAPE (VIDEO-TAPE) "CAN NOT" BE USED BECAUSE CONSENT 'WAS NOT" REQUESTED BY THE POLICE NOR WAS CONSENT GIVEN BY MY ESTRANGED WIFE??

Picture
Expert:  RayAnswers replied 1446 days and 10 hours ago.

If this is a police cruiser tape then I'm afraid it is admissable here for prosecution. I?f the police has say probable casue to stop here then it is admissable. You would have to have criminal lawyer to arugue abotu probable casue and other motion to limit here.

If it a criminal case they will appoint her a lawyer to file such motions if she is indigent. It wouldn't be law it would be contitutionla argument that there wasn't probable cause here and theat the stop and the tapling was invalid and that the stop, arrest, and taping were all tainted because no probable cause..

There are many angles here to dwi arrests including taping. Here is reference to some potential defenses..

http://sandiego.backpage.com/LegalServices/free_dui_dwi_consult_with_top_dui_defense_lawyers/classifieds/ViewAd?oid=1431236


RayAnswers39934.6629520833

Customer replied 1445 days and 9 hours ago.

THIS "IS NOT" TELEPHONE TAPING BUT "VIDEO-TAPING" WITHOUT CONSENT...
CAN THE VIDEO-TAPE BE USED....."WITHOUT HER CONSENT???

Picture
Expert:  RayAnswers replied 1445 days and 9 hours ago.

If it was a traffic stop then yes they can. They the police are one party and they consented. If the video contradicts what they found it might help you. But yes they can video here under the law and it is admissable at hearing.

Customer replied 1445 days and 3 hours ago.

ray,
this was not a traffic stop...
a Search Warrant was served on the 'wrong person'
which was video taped by the police and now the police
don't want to release the video tape under "BRADY"...
is the tape admissable "without concent??"

Picture
Expert:  RayAnswers replied 1445 days and 3 hours ago.

The judge here decides. The lawyers argue admissibility. These are the kinds of cases that often get appealed depending on the ruling. As you can see here below is Brady kind of taping issue and you can see how it unfolds.

The judge here would have to rule on the admissibility and other Brady kinds of issues. I'm not waffling on you here but these can vary widely as the judge decides here and it can be pretty unpredictable..

http://bulk.resource.org/courts.gov/c/F3/87/87.F3d.1325.95-30115.html

 
Tweet

17 Lawyers are Online Right Now

Ask Your Question Now
Legal Questions Date Submitted
hello again. I need some additional input concerning how best 4/10/2013
Hello I helped my boyfriend financially to clear up some 4/10/2013
I have been employed for 16 years with a major Mass based co 4/10/2013
I was injured at work in a fall from a piece of heavy eqipment3/21/13. 4/10/2013
im being sued by a person from paypal. She sold a conterfeit 4/10/2013
Today when I attempted to file my taxes, I was surprised to 4/10/2013
I have an LLC which currently, in addition to the services 4/10/2013
I went to the hospital because I overdosed on Advil. All I 4/10/2013
My 17 year old daughter has a friend that will be graduating 4/10/2013
I signed a Roofer's General Contractor's Insurance Claim Assistance 4/10/2013
RSS
Next 10 >
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Legal

  • Quit Claim Deed Related Questions
  • Warranty Deed Questions
  • Zoning Law Questions
  • Credit Report Questions
  • Automatic Stay Questions
  • Gender Discrimination Questions
  • Insanity Defense Questions
  • Arson Questions
  • Bait and Switch Questions
  • Mortgage Fraud Questions
All Legal Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
232 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC