Uncovering Defenses in Undercover Recordings

When recorded evidence is involved in undercover cases, the defense is on a more even playing field as soon as the jury understands there is no such thing as a spontaneous undercover conversation. Every conversational exchange must be analyzed as part of a progression of planned transitions initiated by the undercover agents. All discovery that conveys the states of mind of agents, informants, and the client – whether found on a recording or not – is material.