Judge rules police tapes made before February 4, 2011 can be released

A judge has issued a summary judgment ruling in the South Bend Police tape scandal that has been making its way through the courts since 2011. The judge ruled any recording made on or before February 4, 2011 can be released, but only after a final judgment has been issued and all appeals have been exhausted.

In the decision, the judge found February 4, 2011 as the discovery date in connection with the case. This is the day Chief Boykins discovered line 6031, Brian Young's line, was being recorded - but shouldn't have been.

The judge ruled tapes made before or on February 4, were not covered by the Federal Wiretap Act and there is no prohibition to producing or publishing the recordings. Those recordings are subject to production by the city administration to the South Bend Common Council.

What does remain to be determined in this case 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 officers or employees of the police department did provide implied consent, those tapes are not protected by the Federal Wiretap Act.

If one or more former or current employees did not grant implied consent to recording of calls on line 6031, those tapes could not be released.

However, because there has been no final judgment and the court still needs to determine whether implied consent was given after February 4, 2011, no tapes can be released at this time. Any tapes can be released after all court proceedings are complete and appeals have be
A judge has issued a ruling in the South Bend Police tape scandal that has been making its way through the courts since 2011. The judge ruled any recording made on or before February 4, 2011 can be released, but only after a final judgment has been issued and all appeals have been exhausted.en exhausted.