I live in VA and my boyfriend and I just recently had a horrible break up and I was wondering if it was legal for him to call my cell and record me without me knowing so. He called me asking me a bunch of possibly incriminating questions and when I asked him if he was recording me he said no, but I feel like he was. Is it legal or not?
2006-11-27 06:16:53 · 21 answers · asked by ? 3 in Politics & Government ➔ Law & Ethics
sadly, it sure is. i had a problem with my downstairs neighbors in my apartment complex, and we ended up having to call the cops. the officer couldnt do anything about it, but he encouraged us to record any sounds or disturbances we heard for evidence for next time.
2006-11-27 06:20:58 · answer #1 · answered by Syd 5 · 0⤊ 0⤋
Using another person's research...
"Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication."
Unless you were in a position where you would naturally expect that your conversation could be overheard by any nearby person (such as talking on the phone when you are outside or in a building and other people are around, such as in the mall) or if you had no reason to believe that he had the phone set to "speakerphone" so that anyone on his end could overhear you, you have a reasonable expectation of privacy and he has committed a felony. A good example when you would have that expectation would be if you were calling him from your house or car and there was no one else was present with you.
Call the police and tell them that you believe he may have recorded your conversation, which you know is a felony. Even if they only question him, it will probably scare him enough to cause him to erase it.
If he ever tries to use it against you in a court of law, make sure that you inform your attorney that the call was illegally recorded.
2006-11-27 21:53:31 · answer #2 · answered by Well, you asked... 3 · 0⤊ 0⤋
The law varies by state. In some, you can only record the conversation if both parties are aware. In others, the second party doesn't have to be told.
Many phones issue a 'ding' every 30 seconds or so to indicate the conversation is being recorded.
If he recorded it illegally, he can't use it against you without getting into trouble himself. If he recorded it legally, then you will have to face the consequences. Why on earth did you even talk to him?
2006-11-27 06:46:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Sadly, it is NOT illegal to tape record a phone line in Virginia. Now crossing state lines may be different but as long as both of you were in the state of Virginia anyone can tape record a phone line.
Here is the law:
Va. Code Ann. § 19.2-62: Despite the fact that it is generally a felony to intercept or disclose the contents of any wire, oral or electronic communication under state law, the recording or disclosing of communications by a party, or with the consent of a party, is specifically permitted.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Va. Code Ann. § 19.2-61; Belmer v. Commonwealth, 553 S.E.2d 123 (Va. App. 2001).
Now, if you believe that he will use it against you and your conversation was in private (see above) then that is a different story!
2006-11-27 06:29:15 · answer #4 · answered by Jenn P 1 · 0⤊ 0⤋
Don't confuse "legal" as regards evidence and "legal" as regards personal actions. I can record, without anyone's knowledge, all telephone calls in which I take part, in all 50 states. I can record another persons calls with their permission and without the permission of the other party on the call, in all 50 states. Whether either is admissable in a court of law depends on the state, but most states allow recording under these circumstances. Wiretapping (listening in on conversations where neither party is aware, is only legal with a court order (warrant) or with prior authority, such as the President uses in circumstances such as combating terror.
2016-05-23 12:23:17 · answer #5 · answered by ? 4 · 0⤊ 0⤋
From what I can tell, in your state only ONE of you needs to be aware that the conversation is being taped. So if he had a tape, then he could record you and you not know. HOWEVER, because you specifically asked if it was being recorded and he said NO, if it should ever get brought up in court you get the judge to rule that it is inadmissible because you were lied to, and had you known it was being recorded you would not have said whatever it was you said.
2006-11-27 06:40:05 · answer #6 · answered by Mrs. MP 3 · 0⤊ 0⤋
In Tennessee it is legal if one party knows about the recording. So it depends on the law in your state. The best bet is to contact a local attorney and you could get an order of protection which would bar him contacting you. Especially if he is harassing you.
2006-11-27 06:34:34 · answer #7 · answered by bicentennialbuck 2 · 0⤊ 0⤋
In Virginia (I live here too), only one party has to have knowledge of the recording. Either him or you, not both. I looked into this when my husband's crazy ex-wife kept calling and making nasty remarks and false statements.
I researched this about 3 years ago so the laws may have changed but as far as I know they have not.
2006-11-27 06:20:38 · answer #8 · answered by koral2800 4 · 0⤊ 1⤋
In some states, only one person on the line needs to know it's being taped to be legal. In other states, BOTH people have to know and consent.
2006-11-27 06:18:57 · answer #9 · answered by American citizen and taxpayer 7 · 0⤊ 0⤋
Not legal!! Both parties have to consent to being recorded.
2006-11-27 06:18:29 · answer #10 · answered by seeme1995 3 · 0⤊ 0⤋