I'm in a jury trial against a 3-time loser who tried to put out a hit on a DPS trooper for arresting him (go figger). I want to introduce some of the recorded jail phone conversations between the crook and his wife (a coconspirator). I haven't found any Texas cases that deal directly with the admission of jail phone recordings. I'm a little uneasy about the predicate for getting these recordings into evidence. I am familiar with the case in the Predicate Manual which says that the usual audio recording predicate isn't exclusive but you know how judges are. I've got a witness who can id the voices. At this point, the defense is throwing up the husband-wife confidential communication issue. I am aware of the crime-planning exception but I would like to have something on point regarding no reasonable expectation of privacy on inmate jail phones. Forgive the rambling but you how it is when you're in trial. Any cases or sugggestions would be very welcome. You may email at distattorney@co.liberty.tx.us Thanks

Call the Williamson County District Attorney's Office. John Bradley dealt with this topic at a TDCAA one day split seminar a couple of years ago on search issues. My understanding is that the sheriff's office digitally records all the calls from the jail. (Pretty cool - wish we all had Dell)

Mike, check out pages 133-135 of TDCAA's "Warrantless Search & Seizure" book, which talks about this issue. Some cases that will help you include: Meyer v. State, 78 SW3d 505 (Tex. App. - Austin 2002, pet. ref'd), and State v. Scheineman, 77 SW3d 810 (Tex. Crim. App. 2002).

Mike,

Check out United States v. Van Poyck, 77 F3d 285 (9th Cir. 1996). Even the very liberal 9th Circuit agrees you have no right to privacy in a jail phone call.

And, hey, if you have time, come on over to San Antonio this afternoon. I'm teaching at the Child Abuse seminar on the subject of Recorded Phone Calls. There will be more seminars covering the subject this summer throughout Texas. Right, Diane?

Thanks for the great info, folks. By the way, John, I asked my trial judge if I could take off down to San Antonio today to hear you but, unfortunately, he must not have been sufficiently impressed... I'm still in the courtroom while you're in beautiful SA... Have fun!

As John mentions, TDCAA will be offering summer regional seminars that include the topic of confessions and other statements. Cites and dates are listed under the "seminars" button on the TDCAA website. (Other topics are ID theft and warrantless search & seizure) We look forward to seeing you all there!

A question about intercepted jail mail. We have an admission in a letter to "wife" that was intercepted. Wife admits that def wants her to lie on stand and state drugs were hers. She will be a reluctant witness, or may even skip town. Can we get the letter in through booking officer verifying signature and agent who intercepted the letter. The case law seems clear that we can get the letter in since it is relevant, but what is the best way?