In the state of NY is it illegal to audiotape someone without their knowlege? If they say something incriminating could it be used against them in a court of law??? Or would the person who audiotaped them without their consent face charges????
2006-06-26 06:25:28 · 21 answers · asked by Joe Schmoe 1 in Politics & Government ➔ Law & Ethics
If it is bad to record someone w/o their knowledge or approval that is dumb. That means cameras in store should be removed. Banks should go w/o them too.
If it is just to record them bad, if it is to catch them in the act gooooooood.
2006-06-26 06:29:52 · answer #1 · answered by WDubsW 5 · 0⤊ 0⤋
If there is no consent to the audiotape, it cannot be used as evidence in court unless a court order was already given to tape that person without their consent. Hence the reason that, when you call a customer support line, they take time to tell you that the call may be recorded for security purposes. Now, as far as what you say on there incriminating you, it cannot be used as proof to convict you of a crime, but it can be used as justification for the police or someone watching you closer to see if you are continually committing a crime.
2006-06-26 13:30:52 · answer #2 · answered by The Shadow 4 · 0⤊ 0⤋
In New York, only one party to the conversation need know about audio taping - so if you tape, you know, therefore, not illegal. Whatever they say can be used against them - they do not need to give consent - you have already given it. I worked at a firm where they routinely listened in on phone calls and taped them - as long as they stated it to us in our employee contracts, we were notified and as far as our clients or the other parties went, they didn't need to know or be informed. As far as when customer service plays the message, this may be recorded for training or quality control purposes", that is because they don't know what state YOU are in and abide by the laws of their state. So, if you are in NY, you can't go to jail and whatever they say can be used in court - be careful - some people would take great offense when they find out they were taped and could get physical. Also, no court order, warrant or police needed to tape in NY - just knowledge by one party.
2006-06-26 13:41:57 · answer #3 · answered by christine b 2 · 0⤊ 0⤋
Depends on the state. Some states allow taping of conversations as long as ONE party in the conversation has knowledge of the recording being made - and it can be the person making the tape. Other states require ALL parties of the conversation be aware that the recording is being made in order for it to be legal.
2006-06-26 13:37:17 · answer #4 · answered by Outlaw 1-3 6 · 0⤊ 0⤋
illegal. If they incriminated themselves on the audiotape and you tried to present it in court. It would be inadmissable because it is "fruit of the forbidden tree". Which is that if you do something illegal anything that came from that is not admissable. You'll hang yourself if you try it.
2006-06-26 13:31:05 · answer #5 · answered by monkey boy 2 · 0⤊ 0⤋
Here's the easy answer. If you are taping a conversation between yourself and another person you do not have to inform the other party. and it is legal to do so and can be used.
If you are taping other people that are not speaking to you, then it is illegal and can not be used.
At least one person in the convrsation must be aware of the conversation being recorded. (That person may be the one recording it)
2006-06-26 13:31:16 · answer #6 · answered by lovpayne 3 · 0⤊ 0⤋
Yes, its illegal to tape them ( and inadmissible in court ) if the other person is not advised that they are being taped and consent to it on tape. The only exception to this ( that I am aware of ) is when it is being done under a courts order.
2006-06-26 13:31:33 · answer #7 · answered by jcalaz2003 3 · 0⤊ 0⤋
I believe you must inform someone if you are audio or video taping them. Unless you were authorized by a law enforcement agency to tape them without their knowledge, I don't think a tape would be allowed in court. But I might be wrong...
2006-06-26 13:30:02 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Check the wording in the laws.
In many states it is legal to tape phone conversations as long as one party knows the phone call is being taped.
So I could tape a phone call between me and you, and then use the recording in court against you.
2006-06-26 13:31:44 · answer #9 · answered by cirestan 6 · 0⤊ 0⤋
It is not illegal to adiotape, or videotape anyone without their knowledge. It is illegal to make money off of said taped individuals without their consent however. Thats why you see some peoples faces blured in real Poliice clips.
2006-06-26 13:32:50 · answer #10 · answered by Marcus R. 6 · 0⤊ 0⤋
It is not illegal if you have permission by a judge or cop cause if you took that tape to court you would get a fine
2006-06-26 13:31:02 · answer #11 · answered by kayla h 1 · 0⤊ 0⤋