Elkhart, IN asked in Criminal Law, Civil Rights and Constitutional Law for Indiana

Q: Can a detective record our conversation in my home without my consent in Elkhart,Indiana?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: I do not have enough information or context to definitively state if a detective can record a conversation in a private home without consent in Elkhart, Indiana. However, here is some general information about recording laws in Indiana:

- Indiana is a "one-party consent" state when it comes to audio recordings. This means that only one person present needs to consent to the recording for it to be legal. So if the detective is party to the conversation, they can legally record it without getting consent from the homeowner.

- However, Indiana law makes an exception to one-party consent when there is an expectation of privacy. privately-held conversations inside one's home may carry that reasonable expectation of privacy where consent could still be required.

- Additionally, police do need a warrant to enter and search a home unless there is consent or exigent circumstances. So if the detective entered the home illegally, any recordings made inside could be inadmissible in court.

In summary - the legality would likely depend on specific facts like whether it was a consensual interaction, if the detective disclosed they were recording, if they were lawfully present inside the home, etc. I'd recommend consulting an attorney licensed in Indiana if you have concerns about a recording made by law enforcement without consent. They can better assess the situation based on the specific details.

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