The neighbor came over and told my mom to move her other car out of the turn around spot. When he left he goes i have all this on tape and shows my mom the recorder. Does he have the right to record her voice with out asking at first?
2007-12-07 00:08:55 · 7 answers · asked by Caleb 1 in Politics & Government ➔ Law & Ethics
ok thanks for the answers but what should i tell ... give me some good legal terms to tell him
2007-12-07 00:15:36 · update #1
It depends on which state you live in. I live in SC and you can tape someone in person and/or over the telephone without their consent. Basically as long as one of the two people knows about it, it is legal. No third party recording. It is also admissable in court. I would call your local Sherriff's Dept. and speak to an officer. He could probably tell you.
Why was he recording your Mom? It seems like there is more to this story than you have told us.....Most people don't carry around a tape recorder just to ask a neighbor to move her car. Did your Mom curse at him or threaten him? If so, then he could use that tape to sign a warrant on her for harrassment or simple assault. There are only a few things you can do at this point.
1. Keep your car out of the turn-around spot.
2. Watch what you say around him....you know now that he isn't playing.
3. Avoid any and all contact with him. If he confronts you, then you just tell him to contact your attorney and walk away. (Even if you don't have one, just bluff....you'll be surprised that this actually works.)
4. Purchase a notebook and keep a diary. Mark down each and every time he makes contact with you. Log the time, date, and everything said. This may help you in court if it gets that far.
Good luck! I know how it can be to live next to idiot neighbors.
2007-12-07 00:15:14 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It depends on which state you live in.
Many states have a law in which it is legal to record a conversation as long as one of the parties participating in the conversation is aware of the recording.
2007-12-07 04:53:26 · answer #2 · answered by Red Velvette KY 3 · 0⤊ 0⤋
Recording a converstion that you are a part of is legal even if the second party is unaware of the recording. It is illegal to record a conversation if you are NOT party to that conversation.
2007-12-07 00:32:21 · answer #3 · answered by wtpd601 2 · 0⤊ 0⤋
Only laws in most states are in regard to telephonic communication. CAll the local DA and ask; but odds are it's legal.
2007-12-07 00:12:58 · answer #4 · answered by wizjp 7 · 1⤊ 0⤋
The truth is in as long as one of the parties is aware of the taping that is all that counts. That is how wiretapping is done by the law enforcement when they wear wires.
2007-12-07 00:18:55 · answer #5 · answered by Virginia C 5 · 0⤊ 0⤋
was the tape running before she came? or did u turn it on as she started speaking?
is it was before, the you could get away with it by saying you were recording conversation with your mom.
otherwise, it would be violation of privacy. But then again, it was on your private property.... lots of legal possibilities here.
2007-12-07 00:13:26 · answer #6 · answered by David S 6 · 0⤊ 3⤋
Recording something like that has to be given consent.
If you are trying to use something for the sake of deliberation or legal proceedings, he has no legal right to do that without her consent.
2007-12-07 00:14:23 · answer #7 · answered by Yun 7 · 0⤊ 2⤋