ANSWERS: 3
  • Is it possible? Yes. But things are not this simple. (Are they ever?) The immediate concern is how the recording was obtained, where were the parties geographically located when it was obtained, and do all appropriate jurisdictions allow this kind of "interception" of the conversation. We are assuming that the confession was made freely and not under duress. Stay with me here: Were you both in Ohio? were you face to face? If so, and assuming no professional privelages apply here (attorney, clergy, psychiatrist, etc,) then the recording is probably legal. Ohio is a "one-party" state, meaning only one party in a two-party commnication needs to be aware that it is being recorded. Was this over the phone and both of you were in Ohio? Then same as above, everything is still good. Was one of you in one state, and the other person in another state when the recording was created? In that case, BOTH state laws, as well as Federal law, regarding communication interception must be satisfied. Linked here is a handy chart to see which states are 1-party and which are 2-party: http://www.aapsonline.org/judicial/telephone.htm Federal law generally recognizes a 1-party interpretation of the law. Now, as for whether this will be enough for authorities to decide to prosecute the case, that's a question I can't answer. But local police can.
  • Somebody has to file charges with the appropriate court, whether it be the police who does it or the victim.
  • anything is possible

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