Details on Consensual Interception, Transmission and Recording of Communication


The American Bar makes available prosecutorial standards when I comes to specific aspects of investigation. Learn more about the details involved in Standard 2.11, the standard on the consensual interception, transmission and recording of communications and how using state-of-the art equipment can lower some of the risks associated with its use.

According to the American Bar Association, consensual interception refers to an electronic, digital, audio or video interception and recording of communications to which one or more but not all participants in the communications has consented.

When a prosecutor has the options of using consensual interception, he or she must weigh the potential benefits and risks. The primary benefit the prosecutor looks at is the advantage it provides as this communication may contain evidence that can be used alone or to corroborate other information in a case.

The risks for using this communication include:

  • Problems of audibility and admissibility
  • The danger of detection, including physical risk to participants and the risk of disclosure of the investigation
  • Selective recording of communications b the cooperating party
  • The danger of obtaining false, misleading or self-serving statements
  • The risk that the consenting individual will conspire with the subject of the investigation to create false or misleading statements
  • The risk that the import of a conversation will be distorted by the cooperating party

Here is what the ABA recommends to minimize these risks:

  1. Obtain written/recorded consent from the consenting individual
  2. Have law enforcement agents test and activate the recording equipment before the cooperating party meets with the subject
  3. Minimize the necessity for the cooperating party to operate the equipment and if it’s necessary for them to, provide clear instructions on how to do so
  4. The prosecutor should consult with law enforcement agents to regularly review all or selected recordings obtained during consensual interceptions
  5. The prosecutor should take steps to ensure law enforcement agents comply with procedures relating to acquisition, custody and access to electronic equipment and recording media and to the secure preservation of any recordings produced.

How well does your current recording equipment support your need to capture and secure consensual interception? Whether you are a prosecutor or a law enforcement agent, having equipment that is easy to operate and navigate are essential.

And what about your software to manage and track your interviews? How well does that work for you today?

Consider the many advantages and features that iRecord’s Evidence Vault Management System provides:

  • Easy to Use / Navigate Interface: One of the greatest features, many customers say, is the ease with which the system functions. Save time and money – this system does not require hours of training to use…only minutes.
  • Centralized Video Storage: Store digital video interrogations in our central repository for simple management and retrieval
  • Evidence Search Features: Quick search feature allows for quick lookup of any system field or note entered in the evidence vault database
  • Chain of Custody: Check-in / Check-out features allow you to transfer and track your interrogation videos and who is accessing them.
  • System Customization: The iRecord evidence vault has a very unique system customization feature that allows you to setup the system exactly as you want it. Fields can turned on or off, along with requirements being defined.
  • User Security: Multiple levels of USER and DEPARTMENTAL security definable within the evidence vault. Turn one database into multiple departments each with their own individual access rules
  • Email Alerts: Email alerts can be sent to system administrators and detectives
  • Custom Reports: Build custom reports to easily extract data from the system. Reports can be saved for use at a later time.

To learn more about the advantages of iRecord and how our recording systems provide excellent quality audio and video, reducing issues with audibility and admissibility and our interview management system, contact us today.

We would love to share a product demo or set up an appointment to discuss more.

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