Sears company put my friend under investigation and while he sat in the office he was talking to the loss preventions manager. Who was asking him a whole bunch of questions. A week later they said that they had him on tape admitting he was at fault.
I thought you had to be informed if your conversation is being recorded?? HELP
2007-03-28 06:08:03 · 12 answers · asked by Curious 3 in Politics & Government ➔ Law & Ethics
I don't think so ~ not when it comes to the work place. Over the phone you do because it deals with the FCC.
Sorry...
2007-03-28 07:17:19 · answer #1 · answered by purple_amanecer 3 · 0⤊ 0⤋
This statement is hearsay evidence: this is an out of court statementoffered for the truth of the matter, the first thing your lawyer will do is to object to the admiibility of that statment.
However, everyone is allowed to record any conversation he or she wants. You should infact presume that everyone next to you s wearing a wire.
The other lawyer will say this is an admission by a party, hence,qualifying as an exception to the hearsay rule.
But if the statement was made in the course of reachig a settlement the court will not allow it....... this is not basied on law but Public policy ( not to discourage settlements ).
Most defnately looks like the court will allow this as evidence, depending on the probative value.
And again the law changes from state to state but atleast under the federal evidence Act it wil be mostlkely admissible.
2007-03-28 06:48:39 · answer #2 · answered by luxlugger 1 · 1⤊ 0⤋
yes it definitely is. the police can blow an entire investigation if they fail to inform a possible suspect; a judge will throw out an entire confesson if they are not informed of being taped. the only time even law enforcement may record or tape a possible suspect is when they have probable cause and or they have been informed by a credible witness of one's involvement in a crime; for example; if someone is asking around to hire a hit man to kill say thier spouse and someone goes to the police with this information then the police have probable cause to get a judge to sign a release of permission to tape and record such a person suspected of soliciting murder.
2007-03-28 06:26:15 · answer #3 · answered by justicejamie888 3 · 1⤊ 0⤋
No, that's called "one party consent" the party that was talking to him consented to record his own conversation..
In this case the loss preventions manager, he had the right to record. If more that two people are in the conversation, then that's different..the law covers only a two person conversation.
2007-03-28 06:15:15 · answer #4 · answered by gemma 4 · 3⤊ 2⤋
I do know in Illinois there is a law. That is how the companies that call you have to say this call may be recorded....It depends on the state....
2007-03-28 06:17:16 · answer #5 · answered by Anonymous · 3⤊ 1⤋
It completely depends on which state you live in. Normally, though, at least one of the parties has to be aware they are being recorded. Check the laws in your state.
2007-03-28 06:12:48 · answer #6 · answered by Anonymous · 2⤊ 2⤋
Yes, they were required to inform him that the conversation was being recorded.
2007-03-28 06:17:07 · answer #7 · answered by Sane 6 · 0⤊ 2⤋
Depends. Different states, different laws. A lot depends on the circumstances too. Your friend should talk to an attorney about this, and my advice is to try and find one that gives free initial consultations.
2007-03-28 06:12:23 · answer #8 · answered by sarge927 7 · 4⤊ 2⤋
Depends on what state.
For example, it is illegal in the state of KY to record someones conversation without their consent
2007-03-28 06:16:56 · answer #9 · answered by JP 3 · 2⤊ 2⤋
You do have to be informed they cant just record a conversation without your knowledge
2007-03-28 06:12:11 · answer #10 · answered by Invisible Pink RN 7 · 2⤊ 2⤋