Legal Question in Criminal Law in California

Your question isn't clear, but it appears you are asking whether an inmate's recorded conversations can be used in court. The answer is probably yes.

The government cannot eavesdrop on confidential conversations without a warrant. However, jails and prisons are allowed to take steps for security, which can include monitoring an inmate's phone calls, visits and mail.

In most facilities, all inmate phone calls must be made collect. There is a recording for both the inmate and recipient that notifies them the call can be recorded. When you have a non-contact visit with an inmate, you visit through the glass and talk over a telephone. There are usually signs or recordings that say conversations can be recorded.

My advice to clients is never to say anything over these phones that they would not say to the police or prosecutor. That means never saying anything about their case.

Calls to attorneys' offices are not supposed to be recorded, but it sometimes happens. An attorney should always be careful about what he or she discusses over the phone with a client who is in custody. When an inmate calls from the jail, I always start the conversation by saying I am the defendant's attorney, and that any recording has to stop immediately.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.