Saturday, October 24, 2009

Is it illegal to tape record someone if they are unaware of it? Especially over the phone...?


Answer:
Damn!!! Minnesota's statutes are not well indexed.

Here:

626A.02 INTERCEPTION AND DISCLOSURE OF WIRE OR ORAL
COMMUNICATIONS PROHIBITED.
d) It is not unlawful under this chapter for a person not acting under color of law to intercept
a wire, electronic, or oral communication where such person is a party to the communication or
where one of the parties to the communication has given prior consent to such interception unless
such communication is intercepted for the purpose of committing any criminal or tortious act in
violation of the constitution or laws of the United States or of any state.

This means you can tape your own conversations and they are admissable. This subsection exempts the intercept and transmission if you are part of the conversation. The other person need not be aware. This means Minnesota is a single party state!!!!!

Do I get best answer?????

This is the final answer.
yes if you are using it for legal purposes.
Absolutely. Unless you're a US Government official invoking the Patriot Act.
i dont think so..
Except for where a warrant has been obtained to make such a recording, YES it's illegal. Such a recording would be considered inadmissable in court.
Yes. And yet, the FBI has been doing it for years.
I don't think the actual taping is illegal but playing it is.
no, but if ur using it to sell or show other people publicly then i tihnk it is. If its like a home video its not, but it is considered spying and is shamed upon
Yes. You won't be able to use the recording in any legal setting unless you make them aware that you are recording the conversation.
In West Virginia as long as one party of the converstion knows that the conversation is being recorded, it is perfectly legal.
It is illegal if they are not informed that the call is being recorded. You will NOT be able to use anything you learn in a court of law, and the fact that you did it, could have charges brought against you.
Think hard on this one!

Peace!
I was told by a lawyer once that if someone else besides you knew that is was being taped you are fine but that was several years ago in NC
It depends on which state you and the other person lives - there isn't a federal law that addresses this problem, but some states have made it illegal.
I did this, I tape recorded a women that said she was sleeping with my boyfriend. at the end of the conversation I said, I want you to know I recorded this and she said thats fine. Therefore, I got her consent. and used it against her in court when she pressed charges for me assulting her. (big pu**y)

So if you tell them at any point on the phone your recording then I think you will be okay. But I don't know what your law states.
It depends on the state law. In Colorado it is not only legal, as long as one party to the conversation knows about it, it is admissible as evidence.

Other jurisdictions are different, which is why the Linda Tripp tapes were illegal, and she was convicted.
you can be sentence up to 12 month in prison.
In most states, yes.

If you tell me the state I can tell you the answer.
It varies state to state....some say that notice is required while others say that only one party to the conversation need know....that could be you
You are well within your rights to tape your own personal telphone calls. You do not need to identify that you are taping them nor do you have to request permission to tape them.

They are admissible in court.

There is what is called "Implied permission" as part of a call between you and anyone else that you are keeping a record of your exchange.

However, you cannot publish or use the recordings for anything other than "personal use" You cannot make money off of them nor can you distribute them (outside of to legal or law enforment persons).

Companies that state "You call may be recorded for training or quality control purposes" do that becasue they may be distributed throughout the company to people not inolved in the call. For THAT you need to notify the other person.
That varies state by state. You need to look up the law for the state in which you reside. If you are taping someone from out of your state, you also need to check the laws for that state.
It depends on where you are, SOME US states it is NOT against the law it if at least one person being recorded knows about it, and that could even be the person doing the recording. Even over the phone, but both parties MUST be in the state where it is not illegal. (I learned this working in law enforcement in three different states.) Check your state's statutes, most states have them listed online now. Better safe than sorry!
It is illegal to tape it, but it is not illegal to tap the phone line and listen to live conversations. One way to do this would be to set up speakers so that they draw power from the phone line, and produce the content of the call.
It's legal. You just can't use it in a court proceeding without letting the party your taping know in adavnce.
It is not legal to record someone else. In most areas it is legal to record a conversation that you are a part of. If you recorded on the telephone when you were speaking to someone else it would be ok.
Legal yes they just can't use it in a court of law. There's no way to stop someone from recording you but they aren't supposed to be allowed to use it in court.
Yes it's illegal on most states. At some states they allow it if one part is aware of it, but even in those States that recording cannot be make public or shown to others without the recorded person's consent.

No comments:

Post a Comment

Blog Archive

vc .net