Q&A Hero

Question

Case 15.3
Jack was arrested for punching Manny at a local sporting event. Jack had been drinking and was very angry that he was arrested for something that "was really not such a big deal." Manny was his friend and Jack thought he would not press charges. Unfortunately, Manny was considering pressing charges as he had to get stitches on his face and his nose had been broken. Jack blamed Manny for "overreacting" to the incident. Manny contacted the police when Jack started making harassing phone calls, demanding that Manny not press charges. Jack's wife does not approve of his behavior and records all of his phone calls, including those to Manny. The police also ask Manny to record his calls and he records several conversations where Jack admits assaulting Manny.

The recordings by Jack's wife
a. are admissible since she is a family member of Jack.
b. are admissible as an exception to the federal law prohibiting electronic surveillance or wiretapping.
c. are inadmissible.
d. are inadmissible unless used in a civil proceeding against Jack.

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