In CA, can a person RECORD another person without consent of that person?

Question

what are the feredal and state of CA laws/regulations that prohibits a PRIVATE conversation to be recorded?
I am not talking about wiretapping or the police doing anything, but I am talking about private parties and the admisssability in Court???

California is a DUAL disclosure state which means that it is absolutely inadmissable in court.

Answer 1

United States Code (Federal Law)

TITLE 18 > PART I > CHAPTER 119 > § 2511

§ 2511. Interception and disclosure of wire, oral, or electronic communications prohibited


(1) Except as otherwise specifically provided in this chapter any person who—

(a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; . . ."

. . .

"shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5). "

. . .

" (2) (d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or . ."


http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002511----000-.html

What this means is that a person can record a conversation to which he is a party, but cannot record the conversations of others. It is unnecessary to participate in the conversation, being present with their knowledge would constitute being a party to the conversation.

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California Penal Code:


632. (a) Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

(c) "The term "confidential communication" includes any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded."


(d) "Except as proof in an action or prosecution for violation of this section, no evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of this section shall be admissible in any judicial, administrative, legislative, or other proceeding."


Source: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=630-637.9


California bans the practice altogether.

Answer 2

Human Rights
Sections on Jury Nullification, Genocide, East Timor, Mass Starvation of Germans (1945-1950), Political Prisoners in America, The So-Called War on Drugs, Civil Asset Forfeiture and Privacy. ... and the right to privacy by anyone who does not seek publicity. ( Human rights do not include the ... having defeated Rome under their leader Brennus (Bran) ca. 390 B.C ...

Answer 3

Sorry yet you want to inform them that the decision would nicely be "monitored or recorded" once you've the opt to make a legal recording. carry it for your legal specialist besides, there would nicely be a loophole someplace or a minimum of a few thing he can do with it. Its no longer unlawful to make the recording, its only no longer legal to apply it as evidence.

Answer 4

Yes, you can record any/all conversations to which you are a party without their knowledge or consent and it is admissable at court.

Answer 5

You can't record someone's conversation unless asked first, that is in all states.

Answer 6

At least one person must know and that can be the one doing the taping.

Answer 7

No it is not legal. It cannot be used in court.

Answer 8

No