Search This Blog

Wednesday, April 27, 2016

Recorded conversations as Evidence.

Are phone calls recorded between someone outside the USA and someone in a 2-party consent state admissible as evidence in court?

Asked 22 minutes ago - Mountain View, CA
Practice area: Criminal Defense
This question is purely out of curiosity.

To expand on the question, if someone living in a country other than the United States records a phone call with someone in the United States who lives in a two-party consent state, is the phone call admissible as evidence in court with only 1 persons consent?


  1. Answered This is a complex question. Under California law this is not admissable because it is illegally obtained evidence. But it all depends on where the recording took place at. Was the recording on foreign soil and which court will it be brought in. If in California and in California court, judge may allow it, but it is doubtful. Federal court and recording on foreign soil, then the McMIllan standards apply:
    The recording device must have been capable of taking the conversation now offered in evidence
    The operator of the device must be competent to operate the device
    The recording must be authentic and correct
    Changes, additions or deletions have not been made in the recording
    The recording must have been preserved in a manner that is shown to the court
    The speakers must be identified
    The conversation elicited was made voluntarily and in good faith, without any kind of inducement.*6*.
    I need more facts to fully answer your question.
      All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.