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It possible to use a recorded tape of someone commetting a…

Customer Question
Hey Is it possible...

Hey Is it possible to use a recorded tape of someone commetting a crime in the court without him knowing that he has been recorded?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

California

Lawyer's Assistant: Has anything been filed or reported?

Yes and my question is it okay to use it in the court?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, it is just a question to have knowledge nothing else

Submitted: 10 months ago.Category: Legal
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Customer reply replied 10 months ago
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Answered in 10 minutes by:
10/1/2017
Lawyer: Bill Attorney, Lawyer replied 10 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,813
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Dear Customer ,

Thank You for posting your legal question today. This is attorney Bill assisting you today.

CCTV is always admissible to provide direct evidence of the criminal act.

Other recordings admissibility depend on the legality of the recordings.

Certain recordings where there was an expectation of privacy or while the defendant was in police custody can be challenged on constitutional and legal grounds if obtained through illegal means or without observation of statutes in relation tot he custody of suspects.

Your attorney may challenge the admissibility of this kind of evidence in a separate hearing known as a voire dire hearing.

Constitutional and statutory grounds are raised in this kind of hearing before the evidence can go to the jury to ensure that the probative value of such evidence outweighs its prejudicial effect.

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Customer reply replied 10 months ago
If I recorde someone commetting a crime without his knowledge? Will it be aproved by the court to be viewed by the jury ?
Lawyer: Bill Attorney, Lawyer replied 10 months ago

California is a two party consent law statute .

So if the conversation was intended to be confidential then you generally will have the recording struck out as inadmissible; but this will be a separate motion and hearing. Public non-confidential conversations would be admissible.

So yes this can be a crime

"(a) A person who, intentionally and without the consent of all parties to a confidential communication, uses anelectronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.  If the person has previously been convicted of a violation of this section or Section 631 , 632.5 , 632.6 , 632.7 , or 636 , the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation, by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

"

Please follow up with me as required .

In return remember to rate positively today.

This is how I get a credit for my time and information.

You do this by rating 5***** , 4**** or better.

So I hope you rate FIVE STARS today.

Thank You

Attorney Bill

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