Can I legally taperecord a discrimanatory conversation made in a public hallway, from inside my own dwelling?

Question

I am being harrassed by, cussed at harangued and discriminated against by a neighbour. She stands in the hallway between her and my apartment door and talks to other tenants discriminately about me, against my illness and others with my disability. Her gossiping in the hallway is a public area of the building. She rants loudly enough that I can clearly hear these nasty conversations from within my home. I would like to tape her conversations in order to have her evicted. Would it be legal to record her and the other party from my own dwelling without their prior knowledge. If I do this can I be arrested for it?.... or will it just not be usable in a court of law should the property managment try to evict her for misconduct or if I should decide to bring a law suit against her. Her rantings are causing me a great deal of anxiety and is effecting my emotional and mental health. What suggestions do you have for me?

Answer 1

The use of electronic recording equipment to record conversations (both by telephone and in-person) is governed by both federal and state statutes.

check the "U.S. Electronic Communications Privacy Act" and look up your state.

It is illegal in all states to record any conversations to which you are not a party - you can't record a conversation between your spouse and another person, for example, if you aren't a part of that conversation. Most of these statutes apply to electronic recording of any conversations, including phone calls and in-person interviews.

"A criminal or tortious purpose may be found where a participant in a conversation records with the intent to blackmail or threaten
someone."

"While secret recording for criminal or tortious purposes is illegal,
a secret recording is not punishable simply because it might embarrass a participant in the conversation."

Now, that all being said, you probably could have your recorder on in your apartment, and play it for the apt. manager to hear, it is just that it can't be used in court. You also might be able to begin recording them, and in a few moments, come out and advise them you are recording them... May not get them kicked out, but would probably stop the nonsense.

You might want to call and ask your local police dept.

Answer 2

You could just record yourself in a conversation with her. The next time she starts talking trash, just open your door and ask what her problem is. With luck she will talk too much and you will get something good on tape.

If you are friends with another neighbor, ask them to record the conversation they have with her. That is completely legal.

Answer 3

I would talk to property management and explain what is going on to them first. They may very well tel you to tape what is going on in public spaces, like hallways. I do not believe you would be arrested for taping these conversations, however, I am not confident these taped conversations would be admissible in court.

Answer 4

I had taken a clean job, and on the 1st day there, I heard a bunch of anti-Catholic Fundamentalists status around speaking approximately how the Pope became going to rally the Freemasons to place "good, God-fearing Christians" into FEMA concentration camps. They have been deadly extreme.

Answer 5

I dont think it is legal. It is my understanding that when recording a conversation, one party must have given consent. I may be wrong, you may want to ask local law enforcement or your attonry on this.

Answer 6

yes you can taperecord her without her knowing it, and you will not be arrested for it. I don't know about it being usuable in court though.