SOUTH BEND, Ind. (AP) — Attorneys for South Bend's city council are seeking the immediate release of telephone recordings at the center of the city's police wiretapping case.
A motion filed Friday by attorneys for the Common Council asks St. Joseph County Judge Michael Gotsch to lift a stay on a subpoena for the recordings.
Gotsch issued that stay in September 2012 at the city's request.
A federal judge ruled Jan. 14 that the South Bend Police Department violated the Federal Wiretap Act by continuing to record telephone conversations after learning a captain's line was being inadvertently taped.
But the judge also found recordings made before the department discovered the wrong line was being recorded don't violate federal law because nobody intended to record the captain's line.