Legal Question in Criminal Law in California

Tape recordings as evidence

Please give me your opinion on whether or not these recordings could be used as evidence.

My boyfriend left angry messages on an answering machine one day ten months ago and this person is trying to charge him with harrassment using these tapes. This was the one and only contact my boyfriend ever made to this person and he is just now doing this. On top of that we understand that he submitted a CD to the DA as the evidence. These would have been from actual tapes from an answering machine. This person is also in a band and has extensive knowledge regarding the use of tape equipment, etc.. which I would think would involve altering them. Could this possibly be accepted as evidence? Thank you.


Asked on 2/09/05, 2:59 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Tape recordings as evidence

The tapes would be admissible. It is not legal to secretly tape a phone call without the consent of all parties, but someone who speaks to an answering machine knows he is being taped and has implicitly consented to the recording.

The complaining witness's expertise with recording devices will not keep the tapes out, but your boyfriend may be allowed to argue that the tapes were altered and may introduce evidence of the other person's expertise in support of that argument. But he will need evidence that the tapes actually *were* altered before he can make the argument; the fact that the person *could* alter the tapes if she wanted is irrelevant unless there is reason to believe she actually *did*. Both sides will be able to have experts examine the tape in search of such evidence, and the experts will be allowed to testify about their findings. If your boyfriend can't come up with evidence that the tape was altered then evidence of the other person's expertise would be irrelevant.

Read more
Answered on 2/09/05, 3:10 pm


Related Questions & Answers

More Criminal Law questions and answers in California