Ok here's the deal I have a friend that recently had abuse allegations brought against him that he did not commit at a MHMR facility and they came back confirmed. What i plan on doing is having the person secretly taped admitting to his lies on tape. The conversation will be taped in person and without his knowing it. Is there anything that says I legaly can't do this? and if so is there any way around that, like me telling him that he has been taped after the fact or is it still illegal. My friend and 5 others stand to lose their jobs wrongfully. And some of them have children and can't afford to lose their jobs. Is there anyone who can't give me some insight?
2006-08-09 17:13:56 · 12 answers · asked by Joe Holloway 2 in Politics & Government ➔ Law Enforcement & Police
I think there are different laws for different places I think the best thing to do is just call a lawyers office and ask
2006-08-09 17:18:30 · answer #1 · answered by brenda4ever 6 · 0⤊ 0⤋
I am not an attorney, but I believe the law on this is something like this:
If there is no expectation of privacy, then you can tape. You cannot tape a phone conversation without disclosing it first AND having a beep every few seconds (without a warrant). You can tape a one way conversation (such as an answering machine message, etc).
If there is no expectation of privacy, then taping is generally legal. There is no expectation of privacy when dealing with a cop - so you are free to tape anything you want and it may or may be be included as evidence (depends on the judge). You are essentially free to tape any conversation which takes place in your household, because again, there is no expectation of privacy for someone else in YOUR home.
I would contact a lawyer in your state. Ask the specific laws and get some legal advice. Don't count on anyone on this board to steer you in the right direction as you may find yourself in trouble.
And yes, I do have a digital tape recorder in my vehicle. If I ever get pulled over (I haven't for at least 15 years), I will tape the conversation. You can always use it to impeach the testimony of the officer.
2006-08-10 00:33:33 · answer #2 · answered by Mr. PhD 6 · 0⤊ 0⤋
If you tape him face to face, especially in front of a witness or in a public place, there is no expectation of privacy.
But, whether the tape is admissable at trial is another issue. You have to be able to lay a foundation as to its admissability, and show that it is relevant evidence, and probably argue its probative value.
The taped person can always state he was speaking tongue in cheek, and that the audio tape is insufficient since it shows an incomplete picture of the declarant's state of mind, when uttering the confession.
It probably can be used at an informal administrative hearing, such as before human resources and other members of management.
Speak with an attorney. Remember, you get what you pay for, and Yahoo Answers (c) cost nothing...
2006-08-10 01:09:16 · answer #3 · answered by MenifeeManiac 7 · 0⤊ 0⤋
According to Federal Law a conversation can be taped or recorded if there is only two people involved and one of them knows the conversation is recorded.
THAT'S A FACT! Check it out!
Federal Law prevails.
2006-08-10 09:22:01 · answer #4 · answered by Nick R 3 · 0⤊ 0⤋
Depending on the state you're in it can range from perfectly legitimate to a felony offense to record someone without their knowledge.
ps It's not entrapment to use a recording for defense purposes. It's only entrapment if the law does it to catch someone.
2006-08-10 00:21:11 · answer #5 · answered by heinlein 4 · 0⤊ 0⤋
You can not tape anyone without telling them that there are being taped.
It is illegal, but I also did that once to my Boss. I told him that AI had it on tape, and we came to an agreement. (in other words, what I did was blackmail) but it worked.
2006-08-10 00:21:15 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It's against the law to record someone's conversation without their knowledge.
Here's the law in California:
http://www.almadenvalleylawyers.com/art_civlit23.html
2006-08-10 00:27:12 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Depends on your state law. In Arkansas it is perfectly legal to record a coversation as long as one part knows it is being recorded.
2006-08-10 00:24:10 · answer #8 · answered by Mustang Gal 4 · 0⤊ 0⤋
I am 90% sure that is legal as to seeing that there's nothing wrong with it. However, your best bet would be to check with your lawyer before you make any hasty moves.
2006-08-10 00:18:06 · answer #9 · answered by Anonymous · 0⤊ 0⤋
NOT ENTRAPMENT!
as long as one party knows that they are being taped it is legal...and you are one party.
2006-08-10 00:29:48 · answer #10 · answered by doug m 1 · 0⤊ 0⤋