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Unauthorized third-party phone recordings do not come into trial evidence.

By Marks & Katz, LLC

 Bill of Rights. (From the public domain.) Daniel Crabtree was found in violation of federal probation in part based on audiotapes that his girlfriend surreptitiously recorded of Crabtree's phone conversations with others.  Two days ago, the Fourth Circuit reversed Crabtree's probation violation ruling, writing in part that:   "In our view, the issue is resolved by the language of [18 U.S.C.] § 2515 itself. Section 2515 states, in its entirety, that 'Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter...continue to full post

Full post as published by Underdog on May 21, 2009 (boomark / email).