DISCOVER
×

When Can a Tape Recording Be Used in Court?

Updated April 17, 2017

The criminal justice system is a complex institution. Individuals cannot be convicted unless the evidence is conclusive and reliable. Tape recordings are powerful testimony, but there are stringent rules about when they can be used in court. Although the regulations governing taped evidence are very strict, these requirements are in place to protect the defendant from wrongful conviction.

Tape Recordings as Evidence

Tape recordings are effective pieces of evidence, because they provide physical records that can either incriminate or exonerate a defendant. A voice recording can be obtained secretly through things like legal phone taps, or voluntarily in interviews with the consent of the person being recorded. These pieces of evidence are useful for corroborating information or providing incriminating statements to solidify a case.

Reliability

In order for a tape recording to be admissible in court, it needs to be reliable. First, the recording device needs to be functioning properly. This is easily proven by the existence of the recording itself. The person operating the device must also be competent enough to use it properly. Although anyone can use a tape recorder, other recording devices, such as wire taps or bugs, must be operated by a trained professional.

Legitimacy

A tape recording must be authentic to be used in court. It must fully established that the person in the recording is the individual in question. Additionally, the defence or prosecution must prove that the tape has not been tampered with or changed in any way, lest its credibility be called into question.

Indadmissibility

In some cases, tape recordings are not admissible in court. The Fourth Amendment of the United States Constitution protects individuals against unlawful searches or seizure of property. This includes illegally recording individuals without their consent. If the police wish to secretly record someone, they must have a warrant. Any secret recordings obtained by law enforcement without a warrant are not admissible, even if the audio conclusively proves an individual's guilt or innocence.

Cite this Article A tool to create a citation to reference this article Cite this Article

About the Author

Alex Saez is a writer who draws much of his information from his professional and academic experience. Saez holds a Bachelor of Arts in English literature from Queen's University and an advanced diploma in business administration, with a focus on human resources, from St. Lawrence College in Kingston, Ontario.