Legal Question in Criminal Law in California

Can the Police use a recording against me without my consent?

My fiance was charged with 69PC and was told that they have a recording of him ''threatening'' a peace officer. He was stopped while riding his bike on the wrong side of the road, got a ticket, and was free to leave, as he was leaving the scene with his back towards the cops they yelled out ''Hey, are you making a threat towards us?'' and then rushed him, threw him on the ground, cuffed him and took him to jail and charged him with the 69PC. He was never informed that the situation was being recorded, and was told that he cannot listen to the recording they made of him. Now they are trying to use this tape against him to make their case...is this legal? Even his witness told the cops that he didn't say anything, can they do this?


Asked on 3/04/04, 6:04 pm

2 Answers from Attorneys
George Woodworth Law Office of George Woodworth & Associates

Re: Can the Police use a recording against me without my consent?

Hello---Thank you for your question. Your fiance should get an attorney who will then thru the process of Court Discovery be able to get a copy of any taped evidence against him. You can examine it and see if there is anything that could be used in Court. If you would like to discuss this, you may email me, or call: (562) 929-7422. Thank you, Attorney Woodworth

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Answered on 3/05/04, 12:20 pm
Terry A. Nelson Nelson & Lawless

Re: Can the Police use a recording against me without my consent?

"Can they do this?" Well, didn't they already do it?

Whether it "is legal" would ultimately be decided by the judge or jury. In the meantime, he better get an experienced attorney to defend him. Contact me if interested.

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Answered on 3/05/04, 2:53 pm


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