Which Type of Phone Conversations are admissible as evidence in court?

[kb1962]

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?

 

[army judge]

The mere possession of a recording does not necessarily mean it could be used in a court proceeding. One would have to prove up the authenticity of such a recording.

Virginia is one of 38 states that permit calls to be recorded without consent by all parties, essentially if you are a party to a call, it is legal to record such a call.


Krista and Larry do not need to consent to the recording. Krista's friend didn't record the call surreptitiously, however. The call was recorded on her answering device
at the behest of Krista, who originated the call.

I don't think much will come of the recording. It's authenticity would need to be established. The mere existence of a recording, absent the express admission of the parties in question does not mean such a recording is authentic, or has not been doctored.

 

[mightymoose]

Sounds like another homework question.