Asked in Civil Rights and Communications Law for Michigan

Q: Can a county jail inmates phone call recordings between the inmate and family members be released to general public?

Not for legal purposes. Just random people?

2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: I do not believe so. I would not anticipate a jail would do so without a FOIA request, and jail calls would not ordinarily be public records subject to FOIA. However, if those calls are admitted into the court record, I think that's a whole different story.

James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: In general, phone calls made by inmates from county jails are subject to monitoring and recording as part of the facility's security measures. These recordings are primarily used for security purposes and to ensure the safety of inmates, staff, and the public. The release of such recordings to the general public, especially if not for legal purposes, is typically restricted due to privacy concerns and legal regulations.

The specific policies regarding the release of these recordings can vary by jurisdiction and are often governed by state laws, federal laws, and jail policies. While certain circumstances, such as legal investigations or court orders, might necessitate the release of these recordings, releasing them to the general public without a legitimate legal reason is usually not permitted.

If you have concerns about the privacy of your communications with an inmate, it's advisable to inquire directly with the county jail for information on their specific policies and procedures. Understanding these guidelines can help you navigate your communications more effectively while being mindful of the legal landscape surrounding inmate communications.

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