Our criminal defense lawyers at the Law Offices of Leifert & Leifert recognize the importance of the Florida Supreme Court's ruling that secret recordings -- in particular, even those captured by alleged victims of a crime -- are not admissible as evidence in a criminal trial.
It's long been a central tenet of criminal law that evidence procured in an illegitimate or illegal manner cannot be used as evidence in a criminal trial. That legal issue was made a bit murkier, however, in the criminal case against Richard R. McDade, who was sentenced to life in prison after having been found guilty by a Florida court of sexual battery against a young child.
The issue brought to light by this criminal trial, and the subsequent appeal, was whether secret recordings made by his victim, ostensibly proving his guilt, could be entered as evidence. According to the Supreme Court, these recordings should not have been admissible as evidence, and, as a result, McDade will be granted a new trial.