Legal Question in Criminal Law in California

Re: evidence

"Can it be thrown out"? That will be up to the judge after hearing the appropriate suppression motions, facts, arguments, etc. If you're the defendant, feel free to contact me for the legal help you'll need. Doing this things pro is misguided confidence.

Re: evidence

Generally speaking, just because someone's confession was recorded without that person's knowledge is not sufficient basis to have the confession thrown out. That said, the police' overall behavior might suggest that the statement was not voluntary or that other grounds for having it thrown out on a suppression motion exist.

Feel free to contact me if you looking to retain an attorney in Southern California. Very best.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: evidence

I'm not sure whether you're saying the conversation was recorded or that it wasn't. Mr. Lentz's answer deals with the first alternative, so I will address the second.

The law of evidence have been around since long before tapre recorders were invented. It did not require recordings back then, and it doesn't require them now.

There are a variety of reasons why some statements will or won't be admissible, but the fact that they weren't recorded on tape isn't one of them. At best it will be a basis for questioning the accuracy or turthfulness of the officer's testimony, but such arguments were available even before people started recording conversations.