Path: utzoo!utgpu!news-server.csri.toronto.edu!mailrus!accuvax.nwu.edu!nucsrl!telecom-request From: "John G. DeArmond" Newsgroups: comp.dcom.telecom Subject: Re: Speaker Phones and the Courts Message-ID: <12841@accuvax.nwu.edu> Date: 30 Sep 90 18:47:47 GMT Sender: news@accuvax.nwu.edu Reply-To: "John G. DeArmond" Organization: Radiation Systems, Inc. (a thinktank, motorcycle, car Lines: 56 Approved: Telecom@eecs.nwu.edu X-Submissions-To: telecom@eecs.nwu.edu X-Administrivia-To: telecom-request@eecs.nwu.edu X-Telecom-Digest: Volume 10, Issue 699, Message 7 of 10 In article <12692@accuvax.nwu.edu> Jeff Dalton writes: >I'm guessing that a tape recording of a phone conversation cannot be >used as evidence in court unless both parties are aware they're >being recorded. But what if one end of the conversation is on a >speaker phone with witnesses listening. I would guess that the >witness could testify about the content of the conversation and the >person on the other end of the phone wouldn't have to know someone >else is listening. >Does anyone know anything about this? Yes I do. *Caution* Your mileage may vary widely by state. My experience is based on the laws of Tennessee and GA. I have used tape recordings of my own phone calls in court. According to FCC rules, only one party to the conversation (that's me) now must to be aware of the recording. In other words, third party wiretapping is still illegal but it is not illegal to record your own conversations. The recordings may be introduced as evidence but only under strictly controlled conditions. The recordings must have been made available for discovery in the pre-trial proceedings. It is advisable to have written transcripts made of the important parts. The recordings can only be used as rebuttal evidence. It is considered heresay (?!?) as direct evidence. In other words, you CANNOT use a recording to prove something was said. You CAN use it to prove that the person who said it is now lying about what he said. Tapes are subject to all the usual rules of evidence. The other side will do all in its power to discredit the tapes. It is highly advisable to set up a recording system with this in mind - a lawyer's adivice is highly recommended. One of the big things you'll need to do is to be able to prove the authenticity of the tapes and to prove the time and dates of the recordings. What I did was after the call was finished and with the tape still rolling, I'd dial the local time and temp. number and get a time stamp or for really important calls, I'd call the National Observatory number in DC. The DTMF would be recorded and the charge would show up on the phone bill. In summary, yes one can make very effective use of phone recordings but some legal advice and planning is necessary. I'd imagine that an ad-hoc recording of a conversation that started to get hot probably would not withstand the challenge to its authenticity. And I'll repeat again, get good legal advice in your state. I've heard that some states have tried to restrict your right to record. It is my and my attorney's opinion that federal preemption would apply but none of us likely has enough money to prove the point. John De Armond, WD4OQC Radiation Systems, Inc. Atlanta, Ga {emory,uunet}!rsiatl!jgd