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Taped recordings
- Thread starter tfwhite
- Start date
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OhBullship
Guest
How much privacy were you expecting in jail?
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OhBullship
Guest
Were you talking with your lawyer, or bettyLou from the trailer park?
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seniorjudge
Guest
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.
A: Yes. No warrant is required because there is no search.
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seniorjudge
Guest
A confession without corroboration isn't very useful though.stephenk said:
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OhBullship
Guest
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?
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?
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seniorjudge
Guest
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).
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).
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OhBullship
Guest
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.
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.
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seniorjudge
Guest
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.
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.
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OhBullship
Guest
Thanks again.
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seniorjudge
Guest
You are welcome.OhBullship said:Thanks again.
The bill is in the mail.
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OhBullship
Guest
I'm afraid I'll have to pay with a smile. I'm a single mom and a college studentseniorjudge said:
If you won't accept a smile you will have to extend credit
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