Columbus, IN asked in Criminal Law and Federal Crimes for Indiana

Q: Is it possible for a recording to be suppressed from evidence it has been edited by law-enforcement?

If an expert would verify that a criminal investigation recording has been edited by law-enforcement can it be suppressed or is that an issue that has to wait to go to trial? Thank you for your time.

Related Topics:
1 Lawyer Answer
James A Hanson
James A Hanson
  • Criminal Law Lawyer
  • Fort Wayne, IN
  • Licensed in Indiana

A: Great question.

If there is credible evidence that the recording has been manipulated, your attorney should file both a motion to suppress and a motion in limine.

The motion to suppress would argue that the evidence is inadmissible on several different grounds including fraud upon the court.

The motion in limine is a fall-back position if the Court is not inclined to exclude the recording entirely. The motion in limine would request a ruling before trial on the conditions and requirements of the admissibility of the recording. My personal preference would be that the entire original recording be admitted or nothing at all.

Of course, if your attorney was only given the edited recording in discovery, your attorney should also file a motion to compel the discovery of the unedited recording in its entirety. This is the first step so that your attorney will be better informed to draft and file the other two motions mentioned above.

2 users found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.