Second Circuit -- United States v. Rodriguez

No abuse of discretion in admitting portion of recorded prison phone call in which deft instructed sister to tell brother to tell lawyer that he wanted to cop to a plea.

Presence of recording machine on the call destroys the privilege, as it's a third party not designed to facilitate the communication.


Low burden for reliable means - inmate should have contacted attorney directly.


No violation of FRE 410, as conversation was not with an attorney for the purpose of negotiating deal. 

United States v. Rodriguez