Legal Question in Criminal Law in New Jersey

Recorded Phone Conversations

I realize that it is legal for a victim or Law Enforcement Officer to record a telephone conversation in NJ without both party consent. However, if it is accomplished with out a judge's order... is it admissable in court as evidence?


Asked on 9/27/04, 12:59 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Recorded Phone Conversations

There are private recordings a state action which consititutes police action. Police action to record a conversation requires a court order unless one of the parties to the conversation consents to the state listening and/or recording

the conversation.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 9/27/04, 4:04 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Recorded Phone Conversations

If the police want to use a taped telephone conversation between themselves and you as evidence, they need a court order or they need to tell you you are being taped or they need to read you your rights before talking to you. If they want to use a taped telephone conversation between you and somebody else, and that other person agreed to let the police tape the conversation, then they can use it in court as evidence. If they want to use a taped conversation between you and somebody else and neither you nor that other person is aware that you are being taped, then the police need a court order if they want to use the tape as evidence. I am an attorney who has handled many criminal cases in various New Jersey Courts in the past. Please call me at 1-908-272-0111 to further discuss the details of your case. There is never any charge for simply discussing a case with me. Thank you. Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 9/27/04, 4:49 pm


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