I need to know if this is legal. I recorded a phone conversation w/ someone w/o their knowledge, so it could be used to discredit them in court for a very close friend. Is this even legal in Virginia? I know some states allow it.
2006-12-11 09:02:06 · 12 answers · asked by Nikki J 2 in Politics & Government ➔ Law & Ethics
Look up the False Friends Doctrine.They can if you just trust them and think they are a friend. It is legal by law in the U.S. This is how Jon Bonet Ramsey's murderer was caught. A woman taped their phone conversation with him talking about the murder. Otherwise, for the law to use electronic surveillence on you,they must apply for a court order to do so. Except for "emergencies" permits warrantleess electronic surveillance when an "emergency situation exists" involving "conspiratorial activities threatening the national security interest or"conspiratorial activities characteristic of organized crime" or immediate danger of death or serious physical injury to any person"-no electronic surveillance is permitted without a properly authorized application.
The application must be in writing and under oath:disclose the identity of the officer making the application and the officer authorizing it and include a full and complete statement of the circumstances justifying the belief that an order should be issued. Details of the offense, identity of the person if known,etc.
2006-12-11 09:03:59 · answer #1 · answered by RoxieC 5 · 0⤊ 0⤋
Yes. Its perfectly legal, however whether or not it is admissible in court depends on whether the other person freely said something that they should not have said or if you coaxed them into saying it. It also depends on whether you called them or they called you. Like in a case where they are making several calls and harassing you and then one day you decide to record the call- Then they are as good as nailed. But if you are attempting to discredit their ethics or motives and you keep driving the conversation towards what you want them to say OR if you call them up and start an arguement in hopes that they say the wrong thing, the judge will probably throw it out.
2006-12-11 17:13:12 · answer #2 · answered by Joe K 6 · 0⤊ 0⤋
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.
2006-12-11 17:11:28 · answer #3 · answered by Anonymous · 0⤊ 0⤋
As long as one party of the conversation (in this case, you) knows the call is being recorded, yes it's legal. It depends on the judge if it's admissible though.
2006-12-11 17:10:44 · answer #4 · answered by wendersca 2 · 0⤊ 0⤋
It is legal to record any conversation anywhere.
What is illegal is using it to discredit, embarrass, or blackmail someone.
2006-12-11 17:05:21 · answer #5 · answered by DannyK 6 · 0⤊ 0⤋
Pretty sure it's legal - ask Monica Lewinsky and Linda Tripp
2006-12-11 17:17:36 · answer #6 · answered by Julie 4 · 0⤊ 0⤋
Actually it is not i tried the same thing with my drug whore X- wife and went to court with info to help obtain my children and it was not admisable needless to say my kids now reside her. I live in southwest virginia.
2006-12-11 17:07:53 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It could be discarded, as parties must be told the conversation is being taped
2006-12-11 17:04:28 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yep...! - But once they get to know about it, you're in trouble...!!!
So keep schtum and let the other parties do all the talking...
2006-12-11 17:15:16 · answer #9 · answered by TruthHurts 3 · 0⤊ 0⤋
I doubt that it's admissible in court, any where in the US. Further, it may be illegal to do so.
2006-12-11 17:07:02 · answer #10 · answered by briang731/ bvincent 6 · 0⤊ 0⤋