2007-03-02 12:59:54 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It's definitely legal in California. For example, in Scott Peterson's case, his mistress Amber Frey was secretly recording the phone conversations with him that were directly used later to convict him in court.
2007-03-02 13:06:57 · answer #1 · answered by OC 7 · 1⤊ 0⤋
Elana is right that the law varies from state to state. In some, recording is legal without a warrant as long as one party to the conversation is aware of the recording. In other states, it is not legal unless both parties know of the recording. (Federal law allows taping if one party knows, or it would be illegal in all states.)
In NY, it is legal to tape with the knowledge of only one party. See, for example, this article: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1145442287275
So the answer to your question is YES.
2007-03-02 21:21:12 · answer #2 · answered by C_Bar 7 · 0⤊ 0⤋
It is not illegal to tape a phone call as long as you are one of the people in the phone call. It is illegal to tap a phone line and tape a conversation without having a part in the conversation.
2007-03-02 21:09:39 · answer #3 · answered by TravisS 1 · 1⤊ 0⤋
No. You need to let them know what you are doing before you tape them. Then again, you could always try it. The worst they would do would make the tape inadmissible.
2007-03-02 21:05:55 · answer #4 · answered by Anonymous · 0⤊ 0⤋
For criminal court, ABSOLUTELY NOT, and for civil court it's REALLY doubtful. There are ways to get the recording in as evidence, but then you face charges of ethical misconduct, etc.
2007-03-02 21:02:40 · answer #5 · answered by cyanne2ak 7 · 1⤊ 0⤋
In most states, yes.
If one of the parties in a conversation knows that it
is being recorded, that is sufficient to lower the
"expectation of privacy."
It is highly unethical, however. You can certainly complain.
2007-03-02 21:02:27 · answer #6 · answered by Elana 7 · 0⤊ 1⤋