I don’t understand the legal reason or the principle behind not allowing the recording to be admissible evidence. No criminals ever give permission to be recorded.
I’m with you. By granting some sort of cloak of privacy to a criminal act they equated it to someone being recorded picking their nose. One is embarrassing and harms nobody and thus privacy is a reasonable expectation. How could the law have equate that with rape or any criminal act?
Those laws that require wiretaps and the such should be confined to law enforcement.
> I dont understand the legal reason or the principle behind not allowing the recording to be admissible evidence. No criminals ever give permission to be recorded.
I interview them quite frequenly. This is true. They never give authorization unless its to help their case and that rarely happens; more often likely if they are really innocent and the wrong person was charged with the crime tho.
Yep. I have never had it satisfactorily explained to me.
IMO, evidence can never be illegal. If it is illegally obtained, the the “obtainer” has broken the law, not the evidence. The evidence should be allowed in court, & if the judge, DA or grand jury feel it was obtained illegally, then an indictment can be brought.
In our society today there are cameras recording us everywhere. The NSA monitors all our communications. Individuals are, & should be able to, film police in action, & anything else, for that matter. There is no expectation of privacy in public places & almost none in the presence of others, even in your own home.
The right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” is routinely ignored by the government, yet truthful evidence of a crime is routinely thrown out of court.
Perhaps, as individuals, we should all were a sign that says “I record every aspect of my life. If you interact with me you can expect to be recorded”.
In the not too distant future, our brains will be permanently connected to a server & the internet. Our eyes - our cameras - will record everything we see, our ears will record everything we hear, our bodies record everything we feel, 24/7/365. For all the burdens & loss of privacy that imposes, at least the concept of illegally recorded evidence will go away.