TDCAA Community
Jail Call admissibility

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/3471071812

February 15, 2011, 16:20
Matt Heermans
Jail Call admissibility
I understand jail calls by inmates are admissible and why. Are there any issues I should be aware of regarding the recorded conversations of a defendant that wasn't incarcerated, but was contacting an inmate?

My defendant called her boyfriend in jail, and the calls were recorded, of course. Are there any issues with the admissibility of her statements, since she wasn't incarcerated? I still don't see any reasonable expectation of privacy there but I'm guessing some on this board have had experience in this arena.

Thanks
February 15, 2011, 16:36
JB
Any defendant is free to communicate with anyone on his own initiative at any stage of a case. Most of the cases involving analysis of constitutional protections focus upon the government or one of its agents initiating contact with a defendant.

In your case, a defendant freely initiated contact with another person, who happened to be in jail. Both of them should know that the conversation is not private, as it is being conducted over a phone line that originates in a jail that must be protected. Many such setups have a recording at the beginning that informs the parties that the call is not private, is being recorded and is subject to being monitored by others.

So, you should be good to go.
February 15, 2011, 21:40
JohnR
many of the systems have an announcement to both parties that the call is recorded as well.
February 16, 2011, 08:22
Matt Heermans
Thanks y'all.