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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20400
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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deployed overseas and was recorded without consent

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deployed overseas and was recorded without consent saying incriminating things, can the military use that recording at court martial if it was illegal to record me without consent in that state


Thank you for the information and your question. Can you tell me what State, or Country, you were in when you were recorded, where you were physically (for example in your workspace, out at a restaurant, etc) and who did the recording?

Customer: replied 4 years ago.

I am deployed with the Pennsylvania army national guard deployed to Kuwait on active duty, was in my barracks on my phone when recorded. was recorded out of Pennsylvania by an ex girl friend in PA

Hello again,

Thank you for your reply. Unless the Government had a search warrant/wiretap order for the phone conversation, then that recording could not be used against you as direct evidence in any court-martial. That is because not only is PA a "two-party" consent state, meaning that both parties to the conversation must consent to a recording if they are both in PA, but also since it was extraterritorial, there would be a requirement of all parties (both parties) consenting to the recording, or it is illegal and therefore not usable as evidence in a court-martial. That said, it could be used to rebut something you testified to in trial. However, as long as you don't testify, which defendants generally shouldn't at court-martial or make a sworn statement at trial, then there would be no issue of the recording coming in.

If there is a court-martial, you will want to speak to your attorney about this piece of evidence. They can file a motion to suppress based on its illegal nature.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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