Is it illegal to record someone while they are talking to me over the phone and then use it in court?

Cindy B

It depends on the state.

In Texas, as long as one party to the conversation knows they are being recorded it is ok. If neither knows, and it is not aurhorized by a court order, then it is a Felony offense, and you can be sent to prison for 2-20, and a max fine of $10,000.00.

However, even if it is legal, it is very dificult to get a tepe recorded conversation admitted as evidence in a court proceeding. If you are going to go to court you probably have an attorney, so ask your attorney what you are going to have to do so that the tape will be admissible.

Good Luck

loves2shop

Depends on your state, in some states you need to inform the person they are being recorded. Check your state statutes.

J K

Depends on the state.

Some states, both parties must know, in others, only one needs to know the conversation is being recorded.

neurotoxin

it probably depends on where you live.

Ken B

If you are part of the conversation, then it depends on where you live. Some states have a "single party consent" law, which basically says that as long as one party of the conversation consents, it can be recorded.

If everyone involved consents, then it's legal regardless of location. This is why many companies include a recording along the lines of "this call may be recorded/monitored". BY continuing the call, you have consented to this recording.

If you're not part of the conversation, then it's illegal without a warrant. (Unless you're George Bush, in which case he believes in warantless wiretaps for his "national security" purposes.)

Meisha H

Actually YES it is in SOME states to record someone without their knowledge. You need to make sure that you are not in one of those states before you do something like that. I dont think you'll really get in trouble for it, rather I think the judge just cant use it in court. Even if it is evidence...

ron

It depends on what state your in, some allow it other don't. Colorado, yes. Florida no.

what state are you in?

KittyNyc

Actually it is in certain states..Some states it isnt illegal.
Check the laws in ur state first before u ..

Skull Boy

It depends. In most situations, a judge will not allow recordings of private conversations to be used as evidence unless both parties were made aware in advance that their conversation could be recorded.

Wounded Duck

That depends on if the person being recorded had an expectation of privacy.

iiidontknowdoyou

They have to know they are being recorded! It's up to the Judge if he/she lets you use it or not.

super girl

yes unless you have that persons permission

linz_b

it is if they didnt have a warrant

jamiefrew@ymail.com

yes it is illegal i believe i learned about that in school, unless you have jurisdiction to phone tap and are authorized than you can invade into there phone conversations

Yahn Oreely

Canadamama2

It depends on the state. Some states allow it in court, others require you say "I am recording this conversation" in order for it to be valid. You can submit answering machine messages as it is understood by the caller that their words are being recorded.

Poohqua

I have heard many things. I have recorded someone with my cell phone while we was talking to use it in court and the police told me it was not illegal. So it might depend on what state you are in. Just in the begining say I am recording this really fast. Sometimes maybe they won't catch on. It is your convo also. If they called you then it should be there ***. Good Luck

zacharys mommy <3

it's not illegal as long as they know that they're being recorded

visvardis

yes it will not be allowed you would have to announce to the caller the call was being recorded

shikamo

I believe it is illegal and especially to use it in court. A lawyer would be a good person to talk to about it. Depending on where you live, you might be able to see a lawyer for free.

Thatslushy T

no people do it all the time

Just

Im from Louisiana,and there are legal issues that might come up later but while we are still friends I would nee to record her and I conversations to prove that when she gets to court she will be lying..I think she will try to stab me in the back by making money that should be shared or her get nothing because it was my Idea..HELP!!! Thanks to you all

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