This is a long confusing legal question!?

Question

An embarrassing audio tape was made of my f and her now ex-gf in the bathroom, now the police are trying to say she was selling her marijuana when she was actually just hitting on her and showing off, but the tape would have to be played and described in order to show this. The prosecutor has produced the tape and implies that her ex-gf who has a warrant out and is hard to find consented to the tape, but parties on the tape showed an unwillingness to “come out” in the past. She believes that her ex-gf was intimidated into making the tape, because she said she was, and because they both where friends before and after the tape was made. The relationship was ended because of the tape for my f’s safety, by her bf. This takes place in Idaho (of course) and my f does not access to a lawyer because of numerous conflicts of interests. They don’t have a case, but my f thinks the tape may be used to embarrass her during trial, what evidence should my f use in a motion to suppress the tape?

open4one · Accepted Answer

Totally impossible to unravel this from what you submitted. 

I have no idea what your friend is charged with. 

When they try to play it at trial, the first hurdle is that they have to have warned the other side beforehand.  They generally don't get to spring surprises at trial. 

Assuming they gave warning, the first objection would be that it is irrelevant.  It doesn't sound to me like it proves anything, and they don't get to produce things at trial just to embarass parties. 

Finally, they would need to prove that it is what they say it is.  If there were two parties on the tape, one of them is going to have to take the stand and say "I know this to be a full and accurate recording of a conversation on x date, and the parties to the conversation are..."  Doesn't sound like they can do that.

Scott B · Answer

If they are using the tape to prosecute somebody else, she has no legal standing to challenge it.  Just because it is going to embarass her, too bad.  It was difficult to understand what happened or what you are asking, but  I think that the tape is going to be used to prosecute somebody and your friend is going to be embarrased by what is on the tape, right?  If so, she can do nothing.  Somebody not involved in a case can not try to suppress evidence,unless it is for national security purposes, or something like that.

dadw5boys · Answer

Check out the state laws.
It is leagal here for anyone to make a tape recording if they are one of the people in a converstaion. 
Also check and see if the police can use answering machine tapes.
Anyone can leave a message to make someone look guilty on one of those.

davidmi711 · Answer

If she refuses to consult with a lawyer there is little you are going to be able to do to help her. She can motion to suppress the tape, however she will need to be able to cite legal precedence in why the tape should be suppressed. You can bet the prosecutor has precedence lined up as to why it should not.

Anonymous · Answer

This sounds like a job for Unfrozen Caveman Lawyer.

Angela C · Answer

THANKS FOR THE LAUGH!!!! The question is not only long and confusing its funny. cause its stupid............. hee hee.

hexeliebe · Answer

What the Hell is an "F'?

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This is a long confusing legal question!?

7 Answers