Question: Are Recorded Jail Telephone Calls Admissible Into Evidence?
Answer: Yes, When Consent To The Recording Is Given By Either The Sender Or The Receiver.
Does a trial court abuse its discretion by admitting into evidence the recorded telephone conversations from the jail or prison between a defendant and a third party? It has been argued that such recordings violated the “Wiretap Act of Indiana”, since they can be viewed as illegally intercepted wiretaps without authorization through a search warrant and/or any other means. The recording of a communication with the consent of either the sender or the receiver is not an interception, as defined by the Indiana Wiretap Act. When in jail or prison, defendants are aware that the jail calls are being recorded resulting in the defendant accepting these calls with that knowledge. Additionally, these phone calls included an automated voice message that tells a called party that this phone call may be recorded. Under these circumstances, the persons involved in the phone call are consenting to the recording when they accept the collect calls after being warned that the calls could be recorded. This means that these recordings are not a violation of the Indiana Wiretap Act and wil usually be admissible at trial.