Voice mail as evidence

Federal Law

It was found that the recordings are “discovery” in the legal sense. This means that it is not completely protected from use in court proceedings. By Federal Law – “Electronic Data Discovery includes writings, drawings, diagrams, charts, photos, audio, images, data or files in any medium is stored, which can be translated into a reasonably usable form, including e e-mails, photos of cells and PDAs, instant messaging, voice.

Patriot Act

Any organization or company can be forced to customer information identifiable to a variety of reasons and a number of manuals of procedures. The Patriot Act is now even the act has made several significant changes. The law on the interpretation that the phone company established records of calls to and from the house of an individual is not protected by the Fourth Amendment.

The Fourth Amendment does not apply to them because there is no “legitimate expectation of privacy” in relation to them. Smith v. Maryland, 442 U.S. 735 (1979) is an example. What does this mean that the only thing needed to be drawn, thus establishing these records show that it is for a criminal investigation. This will instruct the law enforcement authorities in a decision that access can be granted.

Patriot Act extended these powers further. For example, § 212 permits communications service providers to give customer information or communication in an emergency situation where there is a threat of injury. The definition of threat is a bit vague, and used the courts discretion in the past.

The voice messages were classified in the same category as e-mail far less protection. Before the “Patriot Act” was possible for a court to reject evidence that the mailbox has not reach to catch. Voice messages are in accordance with § 209, subject to a simple mandate.

 Voice mail as a tool of defense

It can come when people lie to happen. Sure, most people are good and try to make a good thing, but sometimes they are misled, coerced, and sometimes just malicious.

It was a family man working hard, called “Bob”, who worked a blue collar job for a relatively large company for many years. Bob was very successful in life was his contribution, and was on good terms with most people with whom he worked. It happened one day that a report on HR alleged some injury; no black criminal in any way, but a clear signal and possibly a fire Bob offense has been made. as a colleague, “Dick,” the alleged violations reported against some political “Bob” was – who also happens to be a friend of Dick’s – looks like a large screw-off at work. Dick felt terrible about it later called and left a voice message for Bob, they beg for forgiveness. Dick testified that a senior supervisor – one of the few people who did not like Bob – job threatened if he did not falsify the report. This voice message was very damaging evidence against unscrupulous boss who organized the whole thing to remove Bob.

This is a real example (names have been changed), what can be done with voice mail as a means of defense. This is not just the prosecution, the voice messages can be used as evidence, without any expectation of privacy is justified by a voice mailbox owner is free to all messages to their defensive operation against a fee that could be connected to voice mail. Surreptitiously record someone is often illegal, but if someone leaves a message on the answering machine or voice mail, know that they are registered and that you agree.

Audible forensic engineers are familiar with different approaches to transmit voice mail services. There are often sound enhancement techniques and voice messages to certificates of authenticity for legal purposes if required to provide.

By Taha Mateen

    

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