A decision has been made in the fight over police recordings in South Bend, but it doesn’t mean the recordings will be released anytime soon.
The judge ruled tapes made before or on February 4th 2011 were not covered by the Federal Wiretap Act and there is no prohibition to producing or publishing the recordings.
What still needs to be determined, however, is whether or not current or former officers or employees of the police department granted implied consent to having their phone calls recorded.
If one or more current or former employees did provide implied consent, the tapes are not protected by the Federal Wiretap Act. If not, the tapes can not be released.