Is it legal and admissible in court to record a telephone conversation?

Question

I'm in Indiana and my girlfriend ( or ex, rather ) taped me on her cell phone making a confession to something. She is now out to burn me in Court with the tape because she became unhappy with our relationship.
It happened over a month ago and I was not aware I was being recorded.
Is it legally admissible? If not, what do I need to say in court?
If so, what can I say or do?
Thanks

Samarie2692 · Accepted Answer

While the U.S. federal law only requires one-party consent, many states have accepted different laws. In some states all parties must give their consent or at least be notified that the call is about to be recorded (with necessary opt-out option: if you don’t like them to record the call, you can ask them to stop recording). There also was a case law decision from many years ago (the 1950's) that went to the Supreme Court and affirmed that the federal law does not supersede state authority/statutes unless the call or the tap crosses state lines – that is why each state went ahead and established their own guideline/statute.


States Requiring One Party Notification  
Alabama
Alaska
Arizona
Arkansas
Colorado
District Of Columbia
Georgia
Hawaii 
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma Oregon
Ohio
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming 
 
So technically, yes, what she did was completely legal. I honestly can't tell you what to say in court because I don't know the circumstances, but I can say, if its likely to get you into a lot of trouble, try hiring a really good attourney. Sorry I can't help more.

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Is it legal and admissible in court to record a telephone conversation?

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