Legal Question in Family Law in New York
can a conversation ABOUT a telephone tap be used?
For example, Party #1 only states (says verbally) to Party #2 that they have put in a telephone tap and ALL calls for several months have been recorded.
While both parties know it was an illegal act to place such a tap (real or not), party #2 now believes they are fully caught by party #1 and open dialog begins about all the terrible things party #2 has done, such as adultery, stealing funds, additional lies, etc.
Can this conversation about adultery, stealing funds, etc, be used in court as evidence against party #2 when founded on a representation that an illegal telephone tap was installed?
Thank you in advance for any light you can shed on this matter....
1 Answer from Attorneys
Re: can a conversation ABOUT a telephone tap be used?
If the wire tap was never put on - and the other party spills the information on the mistaken belief that they were caught - I believe all of the testimony would be usable. There is nothing wrong with using moderate trickery to get someone to profess the truth. While the tapes would not be admissible unless you were a party to the call - the voluntary remarks of the person - absent the tap - should certainly be.
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