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Old 10-06-06, 06:13 PM   #1
phantomcow2
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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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Old 10-06-06, 06:15 PM   #2
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yes
I believe it is since cops and detectives do it allthe time
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Old 10-06-06, 06:27 PM   #3
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yes
I believe it is since cops and detectives do it allthe time
That's what I figured too.
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Old 10-06-06, 06:52 PM   #4
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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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Old 10-06-06, 06:58 PM   #5
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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.
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Old 10-06-06, 07:33 PM   #6
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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.
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Old 10-06-06, 07:44 PM   #7
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Yeah. if its "private" i would imagine its 'more legal then if it was a business.
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Old 10-06-06, 07:59 PM   #8
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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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Old 10-06-06, 08:14 PM   #9
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I recall a hilarious thread from Ringo about this. Thread resurrect - go now.
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Old 10-06-06, 08:29 PM   #10
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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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Old 10-06-06, 08:42 PM   #11
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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.
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Old 10-06-06, 09:34 PM   #12
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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.
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Old 10-06-06, 09:40 PM   #13
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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
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Old 10-06-06, 09:47 PM   #14
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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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Old 10-06-06, 10:15 PM   #15
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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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Old 10-06-06, 10:26 PM   #16
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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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Old 10-07-06, 09:52 PM   #17
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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.
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Old 10-08-06, 01:10 AM   #18
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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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Old 10-08-06, 01:26 AM   #19
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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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Old 10-08-06, 01:27 AM   #20
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Oh and wear a trench coat and a full brim hat, maybe sunglasses too.
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Old 10-08-06, 07:26 AM   #21
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Oh and wear a trench coat and a full brim hat, maybe sunglasses too.
+500
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