Prison Telephone Recordings Properly Admitted

U.S. v. Faulkner, -- F.3d --, 2006 WL 533872 (10th Cir. 3/6/06) - Recordings of phone calls from CCA prison in Leavenworth, in which plans were made to murder a witness, were properly admitted under the consent exception. Inmates were amply warned that their calls were subject to recording. The consent of one party is enough. There was no confrontation violation because the out-of-court statements were not admitted for the truth of the matter asserted. Conversations in which co-conspirators plan the venture and agree to participate do not constitute hearsay.