If a motion is made to suppress a tape recording, upon proof it was illegally made, should the motion be granted under federal statutory law?
California, United States of America
The following excerpt is from People v. Murtha, 14 Cal.App.4th 1112, 18 Cal.Rptr.2d 324 (Cal. App. 1993):
As to the first issue, if appellant made a motion to suppress the tape recording in order to bar its use at trial, upon proof it was illegally made, the motion should have been granted under federal statutory law. (See People v. Otto, supra, 2 Cal.4th at p. 1116, 9 Cal.Rptr.2d 596, 831 P.2d 1178.) However, the issue here is not whether the trial court should have suppressed the tape recording.
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