This is a rather complicated issue, but I hope to find an answer here, and thanks in advance for the advice.
My roommate Krista was calling one of her friends on our landline phone when she was interrupted by my roommate Larry.
A verbal dispute then occurred between Krista and Larry.
Krista did not realize at the time that she had not hung up the phone, and their entire argument was recorded on her friend's answering machine.
Larry said some things during this conversation, also not knowing that the conversation was being recorded.
Krista's friend called back and said that she had saved this answering machine message for the possible future use of filing charges on Larry, and using it against Larry in court.
My question is:
Would a phone conversation recorded by accident, in this way, be admissible as evidence in court, keeping in mind that none of the parties realized at the time that it was being recorded?
My roommate Krista was calling one of her friends on our landline phone when she was interrupted by my roommate Larry.
A verbal dispute then occurred between Krista and Larry.
Krista did not realize at the time that she had not hung up the phone, and their entire argument was recorded on her friend's answering machine.
Larry said some things during this conversation, also not knowing that the conversation was being recorded.
Krista's friend called back and said that she had saved this answering machine message for the possible future use of filing charges on Larry, and using it against Larry in court.
My question is:
Would a phone conversation recorded by accident, in this way, be admissible as evidence in court, keeping in mind that none of the parties realized at the time that it was being recorded?