Legal Question in Telecomm Law in Pennsylvania
If a telephone conversation is recorded in a state that requires only one party to consent (by the caller), and the person being called is also in a one-party consent state, can the recording be used as evidence in the courts of a state that requires all parties to consent?
1 Answer from Attorneys
No. Generally, the state where the case is being tried will govern. If that state requires 2 party consent before evidence can be admitted, then that will be the law, regardless if the evidence is legally obtained elsewhere. You could seek to file what is called a motion in limine and have the court rule on its admissibility, but I suspect the answer will be that it is not admissible. An exception might be if state A is applying the law of state B. In such case, if the evidence was obtained pursuant to state B's laws and state B's laws will be applied, then it might be. I think I would discuss carefully the need for the evidence and weigh it very carefully against whether it is admissible or not.
And this is really an evidentiary issue, not a telecommunications issue.