Many domestic violence cases are the result of he-said, she-said situations. Each party has their own claim about what happened during a dispute. Other times, uninvolved parties, such as neighbors, might report what they overhear to police. When officers arrive to follow up on the complaint, they may determine that the situation involves domestic violence. They may arrest one of the people present.
Occasionally, a person claiming to be the victim of domestic violence may present evidence to law enforcement showing that someone threatened or injured them intentionally.
Are hidden recordings admissible during domestic violence prosecution?
California has a two-party consent law
Recording people without their consent is an invasion of privacy. California requires that everyone present be aware of an attempt to record for the recording to be legal.
If spouses or housemates previously agreed to install security cameras in their home, the video footage or audio recordings captured during a conflict could be admissible evidence if one party faces domestic violence charges. However, hidden recordings made by secret cameras or mobile devices may not be admissible evidence during criminal proceedings.
A defense attorney may be able to suppress recordings made without the knowledge or consent of one of the people involved. In some cases, inappropriate recording could open the person making the accusations up to civil litigation or even criminal prosecution.
Reviewing the evidence that the state intends to present during a trial – with the assistance of a skilled legal team – can help domestic violence defendants strategize before their day in court. Evidence suppression can reduce the likelihood of a domestic violence conviction when the state’s case depends on hidden recordings.