Federal 7th Circuit Court
Criminal Court
Evidence
In prosecution on drug conspiracy charge, Dist Ct. did not err in admitting taped telephone conversations in which defendant and police informant discussed prices, quantities and quality of drugs. While defendant argued that govt. failed to lay proper foundation where phone calls took place outside presence of govt. agents, govt. satisfied its burden where agents described their communications to informant as to when and how to record said conversations, and where agents testified as to chain of custody once they received tapes from informant. Fact that defendant raised possibility that tapes were tampered with outside presence of govt. agents was insufficient to render said tapes inadmissible. Moreover, agents could properly testify from their own observations of defendant’s voice that defendant was one of speakers in tapes. Also, expert could properly testify as to meaning of certain code words contained in tapes based on his experience and training in drug-dealing community.