Are phone calls recorded between someone outside the USA and someone in a 2-party consent state admissible as evidence in court?
This question is purely out of curiosity.
To expand on the question, if someone living in a country other than the United States records a phone call with someone in the United States who lives in a two-party consent state, is the phone call admissible as evidence in court with only 1 persons consent?
Traffic Lawyer Richard Simon’s Answer
This is a complex question. Under California law this is not admissable because it is illegally obtained evidence. But it all depends on where the recording took place at. Was the recording on foreign soil and which court will it be brought in. If in California and in California court, judge may allow it, but it is doubtful. Federal court and recording on foreign soil, then the McMIllan standards apply:
The recording device must have been capable of taking the conversation now offered in evidence
The operator of the device must be competent to operate the device
The recording must be authentic and correct
Changes, additions or deletions have not been made in the recording
The recording must have been preserved in a manner that is shown to the court
The speakers must be identified
The conversation elicited was made voluntarily and in good faith, without any kind of inducement.*6*.
I need more facts to fully answer your question.
