Recording a phone conversation

I

igottafly

Pre-Flight
Joined
Aug 15, 2005
Messages
69
Display Name
Display name:
igottafly
Can I LEGALLY record a phone conversation with out the consent and knowledge of the other party? I have a taped conversation where they admit to something I am having a dispute with them over.. Can I use it against them with out any ramifications? Thanks in advance for any and all opinions on this matter.
 
igottafly said:
Can I LEGALLY record a phone conversation with out the consent and knowledge of the other party? I have a taped conversation where they admit to something I am having a dispute with them over.. Can I use it against them with out any ramifications? Thanks in advance for any and all opinions on this matter.
Click to expand...

You can legally record it. You may not be able to admit it into court, depending on the state's law. Some states require one side to consent, others require both sides to consent.

I've looked into this before.
 
igottafly said:
Can I LEGALLY record a phone conversation with out the consent and knowledge of the other party? I have a taped conversation where they admit to something I am having a dispute with them over.. Can I use it against them with out any ramifications? Thanks in advance for any and all opinions on this matter.
Click to expand...

Each state is different. You will need to check the laws for your area.
 
We just had a huge (for this area) trial of a guy who recorded a conversation at his business. He was having trouble with the staff misusing the business line, he rarely listened to the conversations - it was more of a deterent.
The trial came about because he confronted another guy in town who has after his wife and had been recorded making advances. Anyway, the wife knew the line was always tapped so it never should have gone to trial - and it was a solid not guilty verdict. This is Texas.
My guess is you are gonna need a lawyer to answer the question fully.
 
igottafly said:
Ocala, Fla
Click to expand...

Too bad.

Fla. Stat. ch. 934.03: All parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication in Florida. Recording or disclosing without the consent of all parties is a felony, unless the interception is a first offense committed without any illegal purpose, and not for commercial gain, or the communication is the radio portion of a cellular conversation. Such first offenses and the interception of cellular communications are misdemeanors.

However if the phone call is out of state (crosses state lines) most agree (but again you will need to obtain legal advice) that Federal law prevails, which is that only one party must consent.
 
Ron Levy said:
Listen to Scott. Nick's statement may be true where he is, but not everywhere.
Click to expand...

Unbelievable.

My message was to check local laws, as they are different everywhere. I stand by my message.
 
Ah, but it is not legal to even record it, has nothing to do with it being admissible in court later. It is a felony to even do it in the first place. So technically Igottafly has already comitted a felony, assuming both parties on the phone were in Florida. To use it would only give parties other than himself (and those of us here reading his comments) evidence of him having committed the felony.

I'm not saying I agree (I think two party rules are BS) but that is how the law reads in his state.
 
SkyHog said:
Unbelievable.

My message was to check local laws, as they are different everywhere. I stand by my message.
Click to expand...

No it wasn't.
 
You can legally record it. You may not be able to admit it into court, depending on the state's law. Some states require one side to consent, others require both sides to consent.
I've looked into this before

Looks like it was to me

Mark b
 
alaskaflyer said:
Or, I suppose, a misdeameanor for a first offense :dunno:
Click to expand...

I was in DC at the time of the first conversation. First offense cover multiple recordings over a few weeks ?
 
markb5900 said:
You can legally record it. You may not be able to admit it into court, depending on the state's law. Some states require one side to consent, others require both sides to consent.
I've looked into this before

Looks like it was to me

Mark b
Click to expand...

I thought Nick meant that it was legal no matter what state and that the ability to use it in court was what varied by state. It appears that in Florida it's not legal to record at all withouot consent of both parties. Nick's meaning is a bit ambiguous but that was my take.
 
lancefisher said:
I thought Nick meant that it was legal no matter what state and that the ability to use it in court was what varied by state. It appears that in Florida it's not legal to record at all withouot consent of both parties. Nick's meaning is a bit ambiguous but that was my take.
Click to expand...

Actually, believe it or not, that was my message. Regardless of the state law in Florida, one can document phone calls for personal use in any way they want. Those recording may or may not be used in court or displayed publically, depending on state laws.

My message was to check the state laws. Its different everywhere, but you'll be hard pressed to find a law that specifically says one cannot record a phone call for personal documentation and reference.
 
SkyHog said:
Actually, believe it or not, that was my message. Regardless of the state law in Florida, one can document phone calls for personal use in any way they want. Those recording may or may not be used in court or displayed publically, depending on state laws.
Click to expand...
I can't agree with you here, Nick - it's the act of recording the conversation that the law addresses and makes illegal - the actual recording of the conversation. Use of that recording is another whole kettle of fish. If you are in an all-party state, you canNOT record the conversation when only one party has consented.
 
Ugh - it appears that I'm wrong. I was thinking that the fair use law would apply to all recording devices, but it appears that it specifically does not cover telephone recordings.

Still - let them prove you have the recording.
 
Igottafly, time for you to stop posting on this subject on this PUBLIC forum. In PA,where I practice, recording without the consent of the other party is a felony 3 violation of the Wiretap Act, and punishable by up to 7 years in prison and a 15K fine. And there is a FEDERAL wiretap act. I don't practice fed, but can tell you there is a reason there has been so much flap about the government taping conversations w/o a warrant. They can't do it either, at least, they couldn't until some of this anti-terrorism BS. I don't know if DC requires the consent of just one side of convo or both, but federal law will apply in DC, IIRC. You need to stop saying what you, hypothetically (and we all know you have been posting hypothetically, just seeking opinions), have done here. And call yourself a lawyer.

I'm not a DC lawyer (so I can't legally give you advice on DC law) but I am an active practicing criminal defense lawyer.

Jim G
 
SkyHog said:
My message was to check local laws, as they are different everywhere. I stand by my message.
Click to expand...
You mean this one?
SkyHog said:
You can legally record it.
Click to expand...
That just isn't true. The question was legality of recording, not admissibility in court, and in many/most states it's not legal without consent of all parties.
 
We should also point out that most all of these laws deal with audio recording. Video only recording may not be covered under these laws.
 
smigaldi said:
We should also point out that most all of these laws deal with audio recording. Video only recording may not be covered under these laws.
Click to expand...

yeah but unless you have a videophone and can read lips from a movie, a video of your phone won't be very useful.:D
 
Federal law is one party consent. It (probably) governs in cases of interstate conversations, as well in states that haven't passed laws on point, and for that matter in states that have attempted to pass laws less restrictive than the Federal law (there aren't any currently.)

Perhaps reading the excellent link provided by Lisa above would help. Her link is much better than my two links.
 
What if you have them on speaker phone and you are just recording ambient air noise in the room, which happens to pick up the conversation? You never tapped the phone line.
 
This is interesting because there are also cases where it specifically states an employer and monitor its own phone lines which are in effect its private property.

Hey! This is getting complicated.

I like Texas law; as long as one party consents--and, BTW, I have recorded conversations and used them against a real slime ball later. Didn't have to go to court (mainly because of the tapes).

Dave
 
alaskaflyer said:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0934/ch0934.htm

3) "Intercept" means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.
Click to expand...


Jeez. I better not write down what anyone says on a phone conversation when in Florida (acquisition by means of an other device). Or use a cockpit voice recorder with ATC when flying over Florida.
 
nope - recording of radio transmissions is perfectly legal - no expectation of privacy there!

But that speakerphone-in-the-open-air trick will just getcha into trouble!
 
Well..... If I had been a couple of days patient, all of this would have been moot. Today I received a certified letter with a certified check. Richard Nixon
would be proud with what happened to so called tapes. Thanks for all the opinions. I will be sitting down with attorney to find out what I can and can not do. As a matter of habit I record most calls. Dont want to end up in the big house, so I'll refrain for now.
 
grattonja said:
Igottafly, time for you to stop posting on this subject on this PUBLIC forum. In PA,where I practice, recording without the consent of the other party is a felony 3 violation of the Wiretap Act, and punishable by up to 7 years in prison and a 15K fine. And there is a FEDERAL wiretap act. I don't practice fed, but can tell you there is a reason there has been so much flap about the government taping conversations w/o a warrant. They can't do it either, at least, they couldn't until some of this anti-terrorism BS. I don't know if DC requires the consent of just one side of convo or both, but federal law will apply in DC, IIRC. You need to stop saying what you, hypothetically (and we all know you have been posting hypothetically, just seeking opinions), have done here. And call yourself a lawyer.

I'm not a DC lawyer (so I can't legally give you advice on DC law) but I am an active practicing criminal defense lawyer.

Jim G
Click to expand...

Here is your second opinion from another PA attorney. Jim's right. DO NOT SCREW AROUND WITH THIS. Every state is different and just b/c Federal law may differ from your state does not mean you in the clear. Recording may not even be the issue. Simply intercepting or listening could get your *&^ in a ringer. Hire an attorney. And finally you may want to edit your post as you could be admitting to things you dont' want to admit to.
 
You must log in or register to reply here.
Back
Top