If my son was in an accident involving a fatality and the police recorded him, my husband and myself without telling us and now they are trying to use this against my son in court, is this legal?

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If my son was in an accident involving a fatality and the police recorded him, my husband and myself without telling us and now they are trying to use this against my son in court, is this legal?

If not, what can we do about it?

Asked on July 24, 2015 under Accident Law, Tennessee

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Whether or not the statements are admissible will depend on exactly how they were obtained.  If you were in a situation where you waived your privacy interests, then the statements would be voluntary.  If you were in a private setting, then you may have the right challenge the admissibility of the statements.  Your attorney needs to know the exact details of the recording and then file a motion to suppress to challenge the admissibility of the statements.


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