Can a recording of a conversation be used as evidence in a criminal case?

At the hearing, the prosecutor cited People v. Ayers (1975) 51 Cal.App.3d 370 (Ayers) and argued that the admissibility of a recording depended upon its content, not on the mental state of the person doing the recording. The trial court ruled that the recording was admissible in evidence, but that upon request, it would give a limiting instruction that the jury could consider the recording only as evidence of motivation.⁹

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2. Governing Law

"The California Invasion of Privacy Act ( 630 et seq.) was enacted in 1967, replacing prior laws that permitted the recording of telephone conversations with the consent of one party to the conversation. [Citation.] The purpose of the act was to protect the right of privacy by, among other things, requiring that all parties consent to a recording of their conversation." (Flanagan v. Flanagan (2002) 27 Cal.4th 766, 768-769.)