Taped recordings

[tfwhite]

Florida
While in jail all outgoing calls are recorded. Can these calls be used against you if there is no warrant issued for your calls. I cannot find a case of yes or no anywhere. Surely someone has questioned this before?

How much privacy were you expecting in jail?

[tfwhite]

The right to discuss my case. I did implicate myself but I want to know if this can be used against me with no other corrobaration

Were you talking with your lawyer, or bettyLou from the trailer park?

Q: Can these calls be used against you if there is no warrant issued for your calls.

A: Yes. No warrant is required because there is no search.

[stephenk]

"I did implicate myself but I want to know if this can be used against me with no other corrobaration"

Sure, it's called a confession.

Originally Posted by stephenk

"I did implicate myself but I want to know if this can be used against me with no other corrobaration"

Sure, it's called a confession.

A confession without corroboration isn't very useful though.

Even if it cannot be used against him it can be used against the person he was talking with, can't it?

I'm still learning and I mess up occasionally. If he was discussing it with a friend, couldn't his friend be forced to testify about what was said? If the friend lies, couldn't the tape be proof of perjury?

Q: Even if it cannot be used against him it can be used against the person he was talking with, can't it?
A: No one said it couldn't be used against him and yes it can be used against the other person.

Q: If he was discussing it with a friend, couldn't his friend be forced to testify about what was said?
A: I am unaware of any method that would be successful to make a person testify. All a witness has to say is, "I don't remember" and that's the end of that.

Q: If the friend lies, couldn't the tape be proof of perjury?
A: If the friend lies on the stand under oath, then the tape could be used to impeach his credibility (fancy lawyer talk for "you're a liar") AND possibly for a perjury charge (if it was a material lie; read the perjury statutes).

Thanks

If he had been talking with his lawyer, would the conversation have been recorded? Originally I believed they could use it against him because he should not believe he has any privacy while in jail. I was equating it to talking with an officer before Miranda. If you confess before being officially questioned, your confession counts. I know that's too simplistic, but it's a basic rule I believe.

Q: If he had been talking with his lawyer, would the conversation have been recorded?
A: You would have to ask the jailer that.

Q: Originally I believed they could use it against him because he should not believe he has any privacy while in jail.
A: You are correct.

Q: I was equating it to talking with an officer before Miranda. If you confess before being officially questioned, your confession counts. I know that's too simplistic, but it's a basic rule I believe.
A: You are correct. If the officer says to the waitress, "One doughnut, please. I'm on a diet" and the waitress says, "Before I came to work this morning, I killed my husband and here's how I did it." And then confesses. That's a good confession.

Thanks again.

Originally Posted by OhBullship

Thanks again.

You are welcome.

The bill is in the mail.

Originally Posted by seniorjudge

You are welcome.

The bill is in the mail.

I'm afraid I'll have to pay with a smile. I'm a single mom and a college student

If you won't accept a smile you will have to extend credit