Q: If a criminal was recorded without his knowledge but it's the only proof of the crime, can it still be used in court?
As an example: a teacher was accused of having an inapropriate relationship with an underage student. There is no proof in text messaging, emails, etc. but there are recordings that the student took without the teacher's knowledge. Would the recordings hold up in court, or could the recording warrant a penalty for the student?
A: The issue is not whether the student may be penalized…I think that you may be missing the big picture. The real issue is does the defendant have a privacy expectation from the secret recording of their alleged illegal behaviors?
Bruce Alexander Minnick agrees with this answer
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A: The fact that Florida law makes it unlawful to record another person without their knowledge does not mean the other person can hide behind that law to shield himself from criminal prosecution based on the recording.
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A: The hypothetical teacher can be prosecuted, and the recording can be used as evidence. The reason is that the state (which prosecutes crimes) did not violate the law; although the student arguably did. Therefore the recording would not be excluded as evidence.
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