QUESTION
Is cell phone video, including audio, admissible as evidence during magistrate hearing
Asked on Dec 13th, 2015 on Domestic Violence - Massachusetts
More details to this question:
I have been called to appear at a magistrate hearing. The neighbor charging me with assault lied in the police report. Both a security video supports that she lied, and I captured the entire change on my cell phone, only audio. Part of the exchange is not seen in the lobby security video. Can I use my cell phone audio as evidence of the exact exchange? I have endured years of dishonest, deceitful, and offensive behavior from this neighbor, and as a rule I have my cell phone video ready to launch whenever I am in lobby or elevator to capture their bad behavior towards me. Is it legal to use my cell phone in this manner?
1 ANSWER
Administrative Law Attorney serving Attleboro, MA
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Law Offices of Edward Molari
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The answer is "yes," unless the recording was made in violation of G.L. c. 272, s. 99 which governs wiretapping. Very basically, so long as the recording was not made secretly (i.e. they were aware that they were being recorded) it is admissible.
Answered on Dec 28th, 2015 at 9:12 PM