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  1. #1
    Join Date
    Oct 2009
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    18

    Default Person Committing Crime Used Victim's Cell Phone

    If the person who is committing a crime of domestic battery against a person, dials their phone by accident (phone was reason for the battery) and the entire crime is recorded in detail on the answering machine of the person called, can that recording used in court against the person committing the crime? They are heard commenting on the calls made by the person on the recording, thus clear why the battery was taking place.

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Exclamation Re: Person Committing Crime Used Victims Cell Phone

    The name of the state is needed. Some allow for non-disclosed taping and some do not.

  3. #3
    Join Date
    Oct 2009
    Posts
    18

    Default Re: Person Committing Crime Used Victims Cell Phone

    The crime in question took place in Indiana

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Person Committing Crime Used Victims Cell Phone

    Indiana is a one-party consent state.

    Your friend should be speaking to an attorney and handing over every little shred of evidence she has, rather than sending you to ask the internet. She's not doing herself any favors this way.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  5. #5
    Join Date
    Oct 2009
    Posts
    18

    Default Re: Person Committing Crime Used Victims Cell Phone

    She has an attorney handling her case and working with the DA. I was alerted to this portion of the event today and was looking for someone who might have an answer to the question. She has not requested that I find this out for her.. OK. so I'm just curious if the law will/can work this way.

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