Articles Posted in Wiretaps and Recordings

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Many people believe if someone records them without their permission, the recording cannot be used in court.  A recent decision by the First District Court of Appeal, however, shows that is not always the case.

Corey Smiley was invited to the home of the women with whom he shared a two year old child.  While there Smiley and the woman got into an argument.  The woman recorded the argument on her cell phone.  The video depicted Smiley questioning the woman about the video and repeatedly trying to grab her phone.  It further showed Smiley shoving the woman and threatening to shoot her and their child.  The woman asked Smiley to leave her home several times.  The woman claimed after the recording ended Smiley brandished a gun.  She then fled with their child.

Smiley was arrested and charged with aggravated assault by threat with a deadly weapon and domestic violence battery.  Smiley subsequently sought to exclude the cell-phone video on the ground it had been illegally recorded without his consent.  The trial court denied his request and admitted the video at his trial.  Smiley was convicted of the charges. Continue reading