can a statement be thrown out of court if you are recorded without any knowledge

B

bruce

New member
Indiana is a "one party consent" state. That means only one party has to have knowledge of the recording. The detective can legally record any conversation he is participating in. He can not, however, record the conversation between two others without one having knowledge.

The detective is not required to identify himself unless he is taking official action.
 
More information is needed here:
1) Recorded as in a tape recording
a) by a detective in person
b) by a person on the phone
c) by a telephone conversation with a credit card co or collection agency.
As you can see their are many forms of recordings, also under the 911 act some form of wiretapping are legal where they were not allowed before. The federal Law on Evidence which is copied verbatum by most states allowes for exclusion of the evidence, rebuttal to the evidence, or exclusion of the evidence.
In short a good attorney can advise you what can be done.
 
in indiana?
he was recorded outside of the station. so there was no way to know
they where tape recorded by a detective thar didn't inform the said person that they where a detective and the detective didn't show a badge until after the fact.
 
Indiana is a "one party consent" state. That means only one party has to have knowledge of the recording. The detective can legally record any conversation he is participating in. He can not, however, record the conversation between two others without one having knowledge.

The detective is not required to identify himself unless he is taking official action.
 
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