Legal Question in Criminal Law in California
can recorded phone calls used in an investigation in west virginia jurisdiction be admitted as evidence in an unrelated alledged crime in california?
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3 Answers from Attorneys
possibly.
It depends. If the recordings made in compliance with West Virginia law (and/or any other laws that governed the recording) and if those laws allow such use, I don't see any reason why they would be banned. But the party offering them would still have to take the same steps needed to introduce any evidence -- authenticating them, establishing that they are relevant, etc. Even then, the other side might have valid objections, such as undue prejudice or infringement of his privacy. Such objections can be raised to most types of evidence; there is nothing special in this regard about recorded phone calls from another state.
I would need more information. It may violate federal wire tapping statutes.
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