Can someone record my conversation and use it against me in court if I did not give permission to be taped?

Answer 1

Depends on your state laws.

Some are "one-party" states, some "two-party" In a one-party state only one of the people involved has to know it's being recorded. In two-party states both have to know and consent.

Answer 2

California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington State, are "all-party" states. They all have criminal penalties for recording without informing, and all but Montana allow civil suits against recorders.

If you live in one of the above states, keep in mind that the tape *may* be admissible even if it was illegal. This is very VERY unlikely, though. There was a Florida murder case 20 years ago where the victim secretly turned on a tape recorder when his killer pulled a gun. Without the tape, the prosecution didn't have enough evidence. The killer appealed his conviction, and won.

If you don't live in one of these states, you may be able to prevent the tape from being admissible. Don't count on it because you are likely to fail.

By the way, if the person told you that he was taping, and you continued the conversation anyway, you will almost certainly be deemed to have consented.

Answer 3

Check the laws in your State for the real answer to this (in other words Google it, and then verify that information with an attorney). In my home State, the answer is no; the only way that it can legally occur is if they record you stating that you are aware that the conversation is being recorded and agree to the recording of it.

The one thing that I was told that is permissible to be used against you in Court is a voice mail message on an answering machine, at least in my home State. So if you want to call your best friend and brag about killing your ex-spouse or lover, and you get their answering machine and are stupid enough to leave a message bragging about your wrongful deeds, then that recording can be used against you at your murder trial.

Answer 4

It depends on what state you live in. Generally the answer is yes. Law enforcement officer's use this technique a lot with confidential informants. If it is a police officer or an informant they must be careful about asking questions, they generally have to wait for you to volunteer the information. Police questioning triggers the requirement to advise the subject of his rights. Again, it hinges on state law. Some states require permission from only one party to the conversation.

Answer 5

In most states, it is only required for the party to advise you it is being recorded. If you are told the conversation is being recorded, then your permission is assumed, otherwise you would end the conversation if you didn't agree.

Answer 6

If you are talking with someone on your phone the conversation cannot be recorded without your permission. If you are in a privately owned vehicle, a police car, a mall, another house, or any public place then you can be recorded because there is no "expectation of privacy". Basically any public place is fair game.

Answer 7

can a recording of my conversation with someone be used in court if
I was told i was not being recorded

Answer 8

In NY only one person has to agree on being recorded. It depends on what state the recorder is recording from.

NYPR69

Answer 9

If they advised you that they were going to record you and gave a reason for the recording and there is proof of them advising you of their intention to record you, then yes it can be used in court- otherwise no they cannot.

Answer 10

depends on where you live. I live in Oregon and as long as ONE of the parties know (which can be the party recording the conversation) That it is being recorded then it is legal.