criminal-law law-in-fiction wiretapping
Wire tap law - Better Call Saul
<p>At the season finale of Better Call Saul: Season 2. Chuck records Jimmy admitting to committing a felony. The recording was obtained without Jimmy's permission (the tape recorder was hidden). Wouldn't this recording be inadmissible in court as it violates the wire tap law?</p>

<p><em>Better Call Saul</em> is set in <strong>New Mexico</strong> where as long as one-person involved in the conversation is aware that it is being recorded, it is legal. Known as "one-party consent". This varies state to state.</p>

<p><a href="http://www.detectiveservices.com/2012/02/27/state-by-state-recording-laws/" rel="nofollow">http://www.detectiveservices.com/2012/02/27/state-by-state-recording-laws/</a></p>

<p><a href="http://www.aapsonline.org/judicial/telephone.htm" rel="nofollow">http://www.aapsonline.org/judicial/telephone.htm</a></p>

<p>If <em>neither</em> Jimmy nor Chuck knew the conversation was being recorded, <em>then</em> it would be illegal.</p>

<p>It turns out that TV is not entirely faithful to reality, so plot development may explain something. I don't know where the calls were made from and to, but if both parties are in New Mexico, the recording is legal, since New Mexico is a 1-party consent state. If either party is in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania or Washington, then there could be a two-party consent issue. So I would check the assumption that the recording violates a wiretap law.</p>
