Los Angeles, CA asked in Criminal Law for California

Q: Q: If a girl tells the police a guy is doing illegal activity and she doesnt know that the police are recording her

Can They use that in court to try to convict the guy that she was accusing even though she never gave the police consent to record her. and she doesnt want to testify against the guy and the recording sounds like they were talking in the car when they were taking her down to the police station

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1 Lawyer Answer
Nicholas Garrett Emanuel
Nicholas Garrett Emanuel
  • Criminal Law Lawyer
  • San Jose, CA
  • Licensed in California

A: Although it is typically illegal in California to record a confidential communication without a person's consent, law enforcement is exempt from this law. So unfortunately, the recording you've described would likely be admissible in court.

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