Criminal Defense attorneys, your opinion. Is this 911 call admissible in court?
A DV case were husband is ultimately arrested. A loud verbal argument occurs. Husband is exiting bedroom room to get away from wife. On the way out, wife yells "your probably just going to see another woman. If you leave I'm calling 911 on you for drinking" - Another loud verbal altercation occurs. This time with wife physically attacking husband. In the meantime, when the wife yelled "I'm calling 911 on you for drinking" Husbands iPhones Siri Virtual Assistant system interprets that as "call 911" - Siri connects iPhone to 911 and a 7 minute recording to dispatch occurs. What says you? Can Siri be crossed per the 6th? One party consent state… Does Siri count as a party to the conversation? Multiple attorneys have been used in this case, and neither knew what to say? *to be clear, it is not in dispute as to who or what called 911 - Let's hear what you have to say! Have yet to find any case law either way!
How is this different from having a tape recorder running? I don't understand why the husband was arrested.
Look at it as non-testimonial evidence. It's an accidental recording of an altercation, similar to when a store's security camera records a nearby assault or car crash.
I'd look at Davis v. Washington/Hammon v. Indiana.
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