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  1. #1
    1justiceseeker is offline Junior Member
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    Audio recording of personal argument w/o consent - admisible in court or not?

    What is the name of your state? CA

    Domestic argument between spouse ... the husband records the conversation without the consent of the wife - because the aguments keeps happening too often for no reason ...

    after a days, the couple get into a DV situation ... results in arrest of husband (who had recorded the conv). Over whelming evidance to implicate the wife who routinely initiates and escalate fights intentionally

    a) Is the audio recording admisible in court?
    b) Are there any adverse implications to the husband for bringing this up? civil or criminal?

    This is what I know so far. According to CA law:
    Consent of all parties is required for recording telephone conversations and face-to-face "confidential communications."

    Civil damages are available.

    Cellular and cordless telephone conversations are protected by state law.

    Video recording of "confidential communications" is prohibited without consent.

    The question is - what is deemed as 'confidential comm'?

    Reference: [url]http://www.rtnda.org/resources/hiddencamera/california.html[/url]

    thank you.
  2. #2
    BL
    BL is offline Senior Member
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    [url]http://www.rcfp.org/taping/[/url]

    [url]http://www.google.com/search?sourceid=navclient&ie=UTF-8&rls=GGIF,GGIF:2006-22,GGIF:en&q=definition+of+confidential[/url]

    Also, in personal appearances in Family Court Settings the Judge wouldn't even listen to audio recordings , but did take note of testimony regarding writings of it in documents .
    Last edited by BL; 09-25-2006 at 07:02 PM.

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