I want to record a conversation between my self and staff members at the Veterans facility, these people are saying I am lieing and they are.
2007-03-12 11:19:03 · 9 answers · asked by robertgnnn 2 in Politics & Government ➔ Law & Ethics
Im in Oregon
2007-03-12 11:28:40 · update #1
yes you can but it can't be use against them legally. If you tell them it is taped with that said on the tape your fine. Answering machines and voice mail this can be because they know it is beening taped.
2007-03-12 11:24:34 · answer #1 · answered by Ivan S 6 · 1⤊ 1⤋
Telephone recording laws are laws that govern the civilian recording of telephone conversations by the participants (as opposed to laws controlling government or law enforcement wiretapping).
Under United States federal law and most state laws there is nothing illegal about one of the parties to a telephone call recording the conversation, or giving permission for calls to be recorded or permitting their telephone line to be tapped.
However, several states (i.e., California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington) require that all parties consent when one party wants to record a telephone conversation.
Michigan has a similar rule: anyone who is a party to the conversation can record it himself, but a third party wishing to record the call must get the permission of all parties to the conversation.
The Telephone recording laws in some U.S. states require only one party to be aware of the recording, while other states require both parties to be aware.
There is a federal law and two main types of state laws that govern telephone recording:
Federal law says that at least one party taking part in the call MUST consent to the recording. (18 U.S.C. Sec. 2511(2)(d))
This means recording a call you are not involved in is illegal throughout the U.S. UNLESS you are a business and the call is occurring on a phone line or extension you are paying for.
Two party consent states
Eleven states currently require that BOTH or ALL parties consent to the recording. These states are:
California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
Nevada
New Hampshire
Pennsylvania
Washington
One party consent states
All other states besides the ones listed above require only one party consent just like federal law. However there are certain exceptions to these rules.
Also note that according to the landmark court case Kearney v. Salomon Smith Barney, Inc. (July 13,2006) if you call from a one party consent state into a two party consent state then the two party consent law outweighs the one party consent law.
2007-03-12 18:26:59 · answer #2 · answered by KC V ™ 7 · 1⤊ 0⤋
Basically no. But, you can just record every conversation and let them know you are doing so. That way, it raises the odds, since everything they say is now "on the record". Eventually, if someone is a habitual liar, they'll get caught, because their story won't match up, etc.
Unfortunately, only our Big Brother gov't can spy on us without our knowledge, heck without anyone else's knowledge (like say a judge), AND use said evidence against us. It's called the Patriot Act.
2007-03-12 18:30:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
As long as one party who's being recorded (and because it's your conversation that would be you) it's completely legal.
It's only illegal to record 3rd party conversations without at least one persons consent.
2007-03-12 18:28:17 · answer #4 · answered by Freedom_Fighter_From_Mars 3 · 0⤊ 0⤋
...legally, no... you must disclose to "them" you are recording.
You can record without saying a word...BUT you can never use the recording or bring it into evidence pro or con at any time... it would be like your own little personal tape...and you'd have to keep it that way because if "they" found out that it existed... you get the "snot sue'd out of you"...
2007-03-12 18:23:51 · answer #5 · answered by Anonymous · 0⤊ 1⤋
you maybe able to do it for your own use. But it would not be admisable in a court of law. though . A vidio tape is without consent. ( go figure)
2007-03-12 18:23:27 · answer #6 · answered by Shelly t 6 · 0⤊ 1⤋
It depends on the state, both where you are and where the other person is located.
Some states allow it. Some don't. Check your local listings.
2007-03-12 18:21:09 · answer #7 · answered by coragryph 7 · 1⤊ 1⤋
in most cases you have to ask them unless they are in your property. (ie house, car, building)
2007-03-12 18:23:39 · answer #8 · answered by Imperia Studios 4 · 0⤊ 1⤋
Yes you can. Why would that be illegal?
2007-03-12 18:21:32 · answer #9 · answered by Anonymous · 0⤊ 1⤋