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In some states, recording telephone calls or conversations requires the consent of everyone participating in the conversation. These states include California, Florida, Connecticut, Maryland, Illinois, Massachusetts, New Hampshire, Montana, Washington, and Pennsylvania. These two-party consent laws apply to everyone-from civilians to law enforcement.
Scenario
Pat and Terry have lived as a couple for two years in New Hampshire. Pat has beaten Terry more than once. Terry has been in the hospital several times as a result. Terry is afraid of Pat and has moved out. Pat keeps making threats in their phone conversations and has promised that no one will ever see Terry again. Terry is afraid and decides to record all phone calls with Pat. This morning, Pat called and said "No one will ever find your body!" and hung up.
If Terry goes to the police, do you think law enforcement could use the recording in court? Why or why not?
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