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legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13441
Experience:  Attorney-Business degree from The University of Texas
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CAN A STATEMENT MADE BY AN ESTRANGED SPOUSE ON VIDEO; WITHOUT

Resolved Question:

CAN A STATEMENT MADE BY AN ESTRANGED 'SPOUSE' ON VIDEO; WITHOUT THE 'OTHER' SPOUSE'S KNOWLEDGE, BE USED "AGAINST" THE 'SPOUSE'?
Submitted: 8 years ago.
Category: Legal
Expert:  legaleagle replied 8 years ago.

Yes as long as spouse #1 knew they were being taped and agreed to having it done.

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Customer: replied 8 years ago.
SO, IF SPOUSE #1 (DIDN'T KNOW OR CONSENT TO BEING TAPED....THEN, "IT CANNOT BE USED".....IS THIS CORRECT???
Expert:  legaleagle replied 8 years ago.
If the statement was given willingly it can be used, ie the person who heard it can testify to it, the tape may not be used depending on who was taping and whether or not they had to get permission. Usually giving a statement to the police is taped and does not require consent.
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Customer: replied 8 years ago.
SO, WHAT IS THE "U.S." STATUE THAT SAYS THAT: "THE TAPE "CAN NOT" BE USED BECAUSE CONSENT 'WAS NOT" REQUESTED OR GIVEN??
Customer: replied 8 years ago.
SO, WHAT IS THE "U.S." STATUE THAT SAYS THAT: "THE TAPE "CAN NOT" BE USED BECAUSE CONSENT 'WAS NOT" REQUESTED OR GIVEN??