Are there digital recordings in family law cases?
Are there digital recordings in family law cases?
The law is always playing catch-up; it is never leading the charge. Digital recordings in family law cases create thorny problems aren’t adequately addressed under the existing civil or criminal court published opinions, that are interpreting circumstances that can be quite different. Judges should not be naive.
Is it illegal to record domestic violence in Los Angeles?
Coalition for Humane Immigrant Rights of Los Angeles (2004) 117 Cal.App.4th 1138, 1146-1147. The sanction against admissibility created by Penal Code section 630 et seq. doesn’t apply if the recording was truly consensual; but who consents to their bad or reactive behavior being recorded?
Can a transcript of an unlawful recording be used in a case?
Frio held that even where a party who unlawfully recorded a communication is prohibited from introducing the recording itself into evidence, nonetheless a transcript of the unlawfully recorded conversation may be admissible to impeach their testimony where it contradicts or varies from the contents of the illegal recording.
What makes a recording illegal under the Penal Code?
Penal Code section 632 has been held to apply to the surreptitious recording of anything by “electronic means”. Frio, supra, at 1489. All parties must consent to the recording. Frio, supra, at 1488. Prohibited communications include not just voice recordings, but video recordings of conduct, e.g.,
The law is always playing catch-up; it is never leading the charge. Digital recordings in family law cases create thorny problems aren’t adequately addressed under the existing civil or criminal court published opinions, that are interpreting circumstances that can be quite different. Judges should not be naive.
Coalition for Humane Immigrant Rights of Los Angeles (2004) 117 Cal.App.4th 1138, 1146-1147. The sanction against admissibility created by Penal Code section 630 et seq. doesn’t apply if the recording was truly consensual; but who consents to their bad or reactive behavior being recorded?
Frio held that even where a party who unlawfully recorded a communication is prohibited from introducing the recording itself into evidence, nonetheless a transcript of the unlawfully recorded conversation may be admissible to impeach their testimony where it contradicts or varies from the contents of the illegal recording.
What are the laws on audio and video recordings?
Frio, supra, at 1489. All parties must consent to the recording. Frio, supra, at 1488. Prohibited communications include not just voice recordings, but video recordings of conduct, e.g., People v. Gibbons (1989) 215 Cal.App.3d 1204, 1208-1290.