Is it anlawful to record a conversation without the other person being aware?

Question

i recorded a cell phone conversation without knowing I was doing it. The thing is: this conversation will show that I was innocent about something I could not prove, as the other person involved clearly described everything she did, and everything that was done to me. . Can I use it for my defense? I live in Florida.

Answer 1

Florida has real stringent law about it...remember the Kathy Fillies case...they convicted her....

Answer 2

http://www.privacyrights.org/fs/fs9-wrtp.htm

California law does not allow tape recording of telephone calls unless all parties to the conversation consent (California Penal Code 632), or they are notified of the recording by a distinct "beep tone" warning (CPUC General Order 107-B(II)(A)(5)). However, tape recordings can legally be made if an individual or members of one's family are threatened with kidnapping, extortion, bribery or another felony involving violence. The person receiving the threats can make a tape recording without informing the other party. (California Penal Code 633.5)

Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted laws based on the federal standard. But 12 states, including California, require the consent of all parties to the call. These are are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. For a state-by-state guide to taping laws, including a discussion of federal law and references to caselaw, see the Reporters Committee for Freedom of the Press guide, www.rcfp.org/taping/ .

These laws and regulations generally do not apply to law enforcement investigations, emergency situations or patently unlawful conversations. The FCC has acknowledged that these regulations are difficult to enforce, and violations are virtually impossible to detect. Consumers should not be lulled into a false sense of security that their call is private simply because there is no notice of recording.

Furthermore, it is not always clear which law, state or federal, applies to specific situations. This depends on where the call originates, why the recording is being made and who places the call. To stay within the law, you may wish to refrain from taping calls you make, but be aware that in certain situations others may be recording your conversations with them.

The California Supreme Court ruled in July 2006 that companies calling Californians from outside the state must comply with the state's all-party consent law. Prior to this unanimous decision, it was not clear if the federal one-party standard would apply to interstate calls. ( Kearney v. Smith Barney, S124739)

If you already have a lawyer...which I imagine you do, ask him/her ...that's what you are paying them for. I am NO expert. Good Luck!

Answer 3

State laws vary. In some states, you can record phone calls without revealing that fact.

I find it funny and hard to believe you recorded a call unknowingly and it just happens to be the one that exonerates you. With that luck, you need to buy lottery tickets.

Answer 4

Yes in most states I know of.

Answer 5

Yes, it is against the law. And, even though it exonerates you, it is not admissable in court. Sorry.

Answer 6

depends upon your state laws. suggest you check with a lawyer to be certain.

Answer 7

Never heard of anlawful. Illegal, yes.

Answer 8

yes its called ease dropping

Answer 9

Anlawful, what is that.