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Are Video/Audio recordings illegal/admissible in civil court? or illegal? how about criminal court?

San Marcos, CA |

I realize that for the most part Audio recordings are inadmissible

According to penal code 632, it is illegal to record a 'confidential communication'

In this particular case I took video and audio recordings of being assaulted by a coworker in a public hospital, it was not in a restricted or locked area of the hospital, there were also other employees present. Additionally there are hospital 'surveillance cameras present in the same area as long as warnings that the premises is monitored.

I utilized this to prove I did not instigate the incident. which included his admission.

HR in order to avoid workers compensation as a result from the injuries they are denying it occurred.

Additionally they told me the act of recording the incident was illegal.

Can I be prosecuted for this?

This organization is a public health district, I'm not sure if that constitutes private property or a reasonable expectation of privacy I also informed him I would be recording his actions.. He laughs on the recording in disbelief that I even am recording, he does not ask me to refrain from doing so. Telling me I am lying about it. The second recording took place in front of the hospital entrance where security was asking several people what happened, this was in public view with witnesses walking in and out of the hospital Additionally could I still use this in litigation to prove a witness is committing perjury? They are already making up stories that directly contradict their previous statements. I do have all of these facts in writing... Unfortunately I already provided a portion of the audio/video recording to HR at their request... Therefore I can't deny that the recording took place.

Attorney Answers 4


  1. You can be prosecuted, but the question is will you be prosecuted for it?

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  2. I do not think you can be prosecuted for this. I do not think whatever communication at issue was confidential if there were other witnesses present.

    As an individual, you cannot prosecute someone for perjury. A district attorney or city prosecutor can do so but rarely do. Perjury probably takes place 100 times every day in every courthouse in the country. I literally have never seen someone prosecuted for perjury in 14 and a half years of practice. I have read about it only. Saint Peter may take care of it when your perjurer arrives upstairs.

    I think the remainder of your issues really deal with a civil matter and not a criminal case unless the DA picks up on the case. If you have not contacted the police yet, you should.


  3. Damn, I am glad to hear about St. Peter, in 40 years I have only heard of two prosecutions for perjury, although I have witnessed it at least once a week. Lawyer up!

    My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los Angeles and Orange County, CA. I give only appointments over the phone., these services do not create an attorney client relationship. My answers may offend as I do not believe in pulling punches or sugar coating the truth, I use common sense as well as the law. Other state's laws may differ and I would appreciate it if you feel like marking my answers helpful or best. There are a lot of really good attorneys on this site, I will do limited appearances which are court documents , less expensive.


  4. They are admissible in criminal court, provided the appropriate foundation is laid. Hire a locally experienced criminal defense attorney and resist the urge to discuss your matter further with anyone other than your attorney.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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