CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Demonstrative Evidence
.........Tape Recordings; Transcripts
............Intelligibility of Tape Recording
10 Cards On This Topic:
  • Admission of whispered, sometimes inaudible tape of D's jailhouse conversation was not an abuse of discretion and did not violate their Constitutional rights.
  • Unintelligible parts of taped conversation between Ds in back of police car admissible where tape contained sufficient audible portions with material bearing on case.
  • Tape may be partially unintelligible.
  • Existence of unintelligible portions of tape does not preclude D from inquiring into other portions of tape or offering evidence contradicting audible portions.
  • Tape of jailroom conversation between D and wife not made inadmissible by unintelligible sections or gaps; enough was intelligible to be relevant without improper jury speculation.
  • Partially unintelligible tape subject to Evid. Code §352.
  • Unintelligibility may render tape irrelevant.
  • Transcript of tape recording not inadmissible under best evidence rule, even though much of tape unintelligible.
  • Tape which was largely unintelligible improperly admitted; D not furnished copy of tape or transcript.
  • Evid. Code §356 does not exclude partially unintelligible tape.