A recorded conversation, without a warrant.

[Mark2365]

What is the name of your state? Confusion.

Of course, this is a HYPOTHETICAL situation. . .

A conversation was recorded by the (police, CIA, FBI, NSA, whoever)
without their first obtaining a warrant. In the conversation,
Adam is talking with Barney about hiring Barney to kill Charlie.
A week later, Charlie is murdered, and there's no evidence linking Barney to Charlie's death.
There is no financial (or any other) motive for Adam to kill Charlie.
It's simply that Adam hates Charlie, and neither Adam nor Barney has ever met Charlie.
Questions:
1. Does it make any difference whether Charlie was a plumber or a president?
2. Is that recording admissible in court?
2. Might Adam be found guilty in Charlie's death?

Hypothetical, just for giggles.

 

[Just Blue]

We don't do hypothetical questions here.

 

[adjusterjack]

Sometimes we do. What's the question?

 

[quincy]

Mark, what state is involved (recording laws vary by state) - and are you Adam, Barney or Charlie?

 

[Just Blue]

Mark, what state is involved (recording laws vary by state) - and are you Adam, Barney or Charlie?

Charlie was murdered by Barney a week after the police recorded a conversation between Barney and Adam where B said he was going to kill C...The question was would the illegally obtained recording be admissible in court.

 

[cbg]

I ask hypothetical questions, here and down the street, all the time when I'm doing book research. I won't knowingly help someone with their homework (and I'll be pretty blunt about it too) but I will help a fellow author work out his story line . For me, it matters why they are asking the hypothetical question.

ETA: details matter. The state matters and so does how law enforcement knew to be recording - was it actually illegally obtained or is that just Mark's assessment?

 

[Just Blue]

I don't think the state was mentioned. This was just a hypothetical. I don't believe that Mark mentioned how or why the police put a tap on without a warrant.

Mark didn't state this was for a book...he said it was for " giggles".

 

[cbg]

Then Mark needs to come back and fill us in so we can decide what we can/will do.

 

[quincy]

Charlie was murdered by Barney a week after the police recorded a conversation between Barney and Adam where B said he was going to kill C...The question was would the illegally obtained recording be admissible in court.

The recording could be admissible as evidence in court.

The state name matters as do all of the facts that led to the police making the original recording. It also matters if it was an in-person recording or a phone recording, if one of the participants agreed to the recording, who Adam, Barney and Charlie are ... Warrants are not always needed, in other words.

I think your instinct to report the thread was a good one, Blue. Hypothetical questions can spin off into too many different directions and FA is not a discussion forum.

 

[Just Blue]

Then Mark needs to come back and fill us in so we can decide what we can/will do.

I sent him a p.m. asking his to do that.

 

[quincy]

I sent him a p.m. asking his to do that.

The moderator ultimately will decide if the thread is worth keeping open.

Mark, as a note, has said in the past that he lives in Arizona, a “one party consent” state. Arizona recording laws: http://www.dmlp.org/legal-guide/arizona-recording-law

 

[adjusterjack]

FA is not a discussion forum.

Sure it is. We discuss things with posters every day.

 

[Mark2365]

Relax, people. . . This IS hypothetical.
I apologize if I submitted a post that should not be here. NOT trying to anger the Admin.
The conversation came up when my daughter's boyfriend said that he thought
the cops CAN and possibly DO record ALL of our PHONE conversations.
There's obviously no legal warrant for all of that blanket recording.
It went to an extreme when my daughter mentioned the above scenario.
Yes, I am in AZ, but the crime could theoretically be committed in almost any location,
worldwide, because in this conversation, Charlie is the POTUS.
None of us... me, daughter or boyfriend... are A or B or C. Hypothetical.
I think I answered your questions. Are we OK?

 

[Zigner]

You think the President is recording your conversation?

 

[quincy]

Sure it is. We discuss things with posters every day.

Well ... sort of.

Answers to legal questions can lead to discussions of the law. But the purpose of this forum is to address specific, real life problems - not to discuss hypothetical questions.