| Bangor, Maine Criminal Lawyer · (207) 945-3233 |
| U.S. v. Conley: First Circuit decision on prison wiretaps | On June 26, 2008, the First Circuit, governing all federal trial courts in New England, held that a jail or prison may record and the prosecution may use inmate phone calls where the inmate received notice of the possibility that calls would be monitored, which constituted consent under the Federal Wiretap Act, 18 U.S.C. §§ 2501 et seq. State courts have followed this rationale for years.
Penobscot County Jail, as well as other jails and prisons in Maine, has a crystal clear recording system that records even during the warning that the call is being recorded. The contents of any call you make from or to a jail in Maine is likely to be recorded and admissible in court.
IMPORTANT: The recorded phone call is admissible even against the call participant who is not in jail. The inmate's consent covers both parties to the call.
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