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  1. #1
    la vache fantôme phantomcow2's Avatar
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    Record somebody and possibly use it to take legal action?

    If a person recorded another person in a digital voice recorder without their knowledge, is it legal to use this to assist a legal case in any way?
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  2. #2
    That darn Yankee TexasGuy's Avatar
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    yes
    I believe it is since cops and detectives do it allthe time
    Life is about hanging onto what you think is important and finding out what really is important.
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  3. #3
    la vache fantôme phantomcow2's Avatar
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    Quote Originally Posted by TexasGuy
    yes
    I believe it is since cops and detectives do it allthe time
    That's what I figured too.
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  4. #4
    Senior Member wahoonc's Avatar
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    Quote Originally Posted by phantomcow2
    If a person recorded another person in a digital voice recorder without their knowledge, is it legal to use this to assist a legal case in any way?
    I think not. But I would check with the locale where the "evidence" is going to be used. it probably depends on the circumstances.

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  5. #5
    Prefers Aluminum Sprocket Man's Avatar
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    Quote Originally Posted by TexasGuy
    yes
    I believe it is since cops and detectives do it allthe time
    In many states, they must obtain a court order before they can do it.

    I used to work for a CFO who was pressuring me to release mistated financial statements - she had implied that if I didn't mistate, she was going to fire me. I figured that if I could record her, I would have proof against her in case she did fire me. I consulted an attorney friend who told me that not only could I not do it, but she may have grounds to press criminal charges against me if I did. I ended up quitting soon after.

  6. #6
    Senior Member DannoXYZ's Avatar
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    Quote Originally Posted by phantomcow2
    If a person recorded another person in a digital voice recorder without their knowledge, is it legal to use this to assist a legal case in any way?
    Check the laws in your area. There's a difference between public and private areas. There's a difference in private areas depending upon whether you own the property and/or business. There's also the grey area of the recorder being in a public area and recording stuff in a private area. I think there was some celebrity chic that sued a photographer who took pictures of her in her bedroom from across the street. Not sure on the outcome of that case yet.

  7. #7
    That darn Yankee TexasGuy's Avatar
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    Yeah. if its "private" i would imagine its 'more legal then if it was a business.
    Life is about hanging onto what you think is important and finding out what really is important.
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  8. #8
    Kicked out of the Webelos bluebottle1's Avatar
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    It depends on your state's laws. In some states, it is legal to record a conversation--be it in person or via telephone--without court order provided that at least one of the parties to the conversation knows that it is being recorded. In other jurisdictions, both parties need to know about it.
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  9. #9
    cab horn
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    I recall a hilarious thread from Ringo about this. Thread resurrect - go now.
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  10. #10
    Warrior Cyclist cycle17's Avatar
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    What I found out from past experiences...In my state you can use things like answering machine tapes, and recordings made in public places. But not private conversations and not conversations within the work place. You cannot use a taped recording of a phone conversation unless the individual is notified by you that the recording is actually being taped.

    Again these laws vary from state to state so you have to find out what's applicable for where you live.
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  11. #11
    Cheers! 2wheeled's Avatar
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    Quote Originally Posted by bluebottle1
    It depends on your state's laws. In some states, it is legal to record a conversation--be it in person or via telephone--without court order provided that at least one of the parties to the conversation knows that it is being recorded. In other jurisdictions, both parties need to know about it.
    Spot on. You need to check with your jurisdiction.

    The can of worms really opens up when you record a conversion in a state that allows only one party to have knowledge of the recording, then offer the recording as evidence in a state that requires both parties to be informed when the recording is being made! It is likely the second state would not allow the evidence to be admitted.

  12. #12
    Warrior Cyclist cycle17's Avatar
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    Quote Originally Posted by 2wheeled
    Spot on. You need to check with your jurisdiction.

    The can of worms really opens up when you record a conversion in a state that allows only one party to have knowledge of the recording, then offer the recording as evidence in a state that requires both parties to be informed when the recording is being made! It is likely the second state would not allow the evidence to be admitted.
    Off topic, but..what an adorable little dog in your avatar 2wheeled.
    Just Do It..

  13. #13
    Cheers! 2wheeled's Avatar
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    Quote Originally Posted by cycle17
    Off topic, but..what an adorable little dog in your avatar 2wheeled.
    Thanks, he's sleeping off his meds right now, he had a tooth pulled

  14. #14
    Senior Member edp773's Avatar
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    Quote Originally Posted by bluebottle1
    It depends on your state's laws. In some states, it is legal to record a conversation--be it in person or via telephone--without court order provided that at least one of the parties to the conversation knows that it is being recorded. In other jurisdictions, both parties need to know about it.
    Exactamoondo. It varies from state to state.
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  15. #15
    The Site Administrator: Currently at home recovering from a couple of strokes,please contact my assistnt admins for forum issues Tom Stormcrowe's Avatar
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    Quote Originally Posted by phantomcow2
    If a person recorded another person in a digital voice recorder without their knowledge, is it legal to use this to assist a legal case in any way?
    Depemds on the state you're in. For example, in MD, it's illegal. In Indiana, at least one person has to be aware of the tape running or digital recording running. That person can be you! By the way, be absolutely sure to check the laws where you live before you attempt it!
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  16. #16
    Unique Vintage Steel cuda2k's Avatar
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    +1 on it depends on where you live. In Texas, you're all good as long as the other person is also in the state, forget what the law is for out of state.
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  17. #17
    Senior Member mister's Avatar
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    It basically comes down to an expectation of privacy. Are you recording in a public area where there is no expectation of privacy or are you in a private area with limited access? Best check for your state.
    Brilliant!

  18. #18
    Just a student norsehabanero's Avatar
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    i also heard you can as long as you tell the person that you are recording and if they continue to speak its ok
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  19. #19
    Evil Genius capsicum's Avatar
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    Just get some hurkin old reel to reel style recorder that you wear like a messenger bag and hold a fat old school microphone right up to the person and be like "Your being recorded", but don't confirm it with a playback or any such thing. I figure they will think it's a gag and that they aren't really being recorded while you actually are recording them. Oh and if you were to do it with a small digital inside the reel to reel they would see that the reels weren't actually moving.
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  20. #20
    Evil Genius capsicum's Avatar
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    Oh and wear a trench coat and a full brim hat, maybe sunglasses too.
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  21. #21
    That darn Yankee TexasGuy's Avatar
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    Quote Originally Posted by capsicum
    Oh and wear a trench coat and a full brim hat, maybe sunglasses too.
    +500
    Life is about hanging onto what you think is important and finding out what really is important.
    "Stop Ruining my joke!", "No, a joke implies humor attached at no additional cost"
    So many sayings, so little sig space.

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