Supreme Court of Colorado
v. People
September 14, 20202020 CO 71
Summary
The court held that Colorado's evidence rule establishes a flexible standard for authenticating voice recordings and does not require testimony from a participant in the recorded conversation or a witness who can verify the recording process. In the absence of evidence suggesting alteration or fabrication, a proponent need only present evidence sufficient to support a finding that the recording is what the proponent claims, after which authenticity is for the factfinder. Applying that standard, the court concluded that the voicemail was properly admitted and affirmed the court of appeals.
Holding
- Authentication of a voice recording under CRE 901. In the absence of evidence suggesting that a proffered voice recording has been altered or fabricated, the proponent may authenticate it by presenting evidence sufficient to support a finding that the recording is what the proponent claims. CRE 901 does not require one of two exclusive methods involving either a percipient witness or a witness who can verify the reliability of the recording process; once the prima facie foundation is established, authenticity is for the factfinder.
Docket 19SC292, Gonzales
Cited authorities
- Fed. R. Evid. 901(b)
- Fed. R. Evid. 901(b)(5)
- Fed. R. Evid. 901(a)