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Started By
Message
13 states have two party consent for recording conversation, 37 states only require 1
Posted on 11/10/23 at 2:42 pm
Posted on 11/10/23 at 2:42 pm
If you were the DA pursuing a criminal charge for illegal recording, would you rather be in a 2 consent state or 1
Texas is a 1 party consent state and my reading indicates 1 party law is easier to bring to trial. Avoids all the he said she said, meaningful consent issues. The fact that the tape exists satisfies all that and the case proceeds quicker to intent "to blackmail or other malicious purpose"
8
Posted on 11/10/23 at 2:50 pm to Trevaylin
No DA would ever think about this statute unless they're from some place with nothing to do. And if it did drop on a desk, they'd say "offer him a disturbing the peace and fine to make this shite go away".
Posted on 11/10/23 at 2:50 pm to Trevaylin
(no message)
This post was edited on 11/10/23 at 2:52 pm
Posted on 11/10/23 at 2:51 pm to Trevaylin
Can you have an illegal recording in a one party state if the one party is party to the conversation?
I think you’re confusing wiretapping with recording conversations you’re a part of.
I think you’re confusing wiretapping with recording conversations you’re a part of.
Posted on 11/10/23 at 2:51 pm to Trevaylin
i don't understand why it's illegal to record a conversation you're having with someone without them knowing. or does one party consent make it legal since i am in the conversation?
anyways, i had an a-hole for a manager that was a prick to the point of being verbally abusive but the boss never knew how much of a prick the manager was.
a voice recording would have gone a long way.
anyways, i had an a-hole for a manager that was a prick to the point of being verbally abusive but the boss never knew how much of a prick the manager was.
a voice recording would have gone a long way.
Posted on 11/10/23 at 3:01 pm to LSUtwolves
quote:
i don't understand why it's illegal to record a conversation you're having with someone without them knowing. or does one party consent make it legal since i am in the conversation?
Yes, you are the 1 party.
You can't throw a tape in a plant/trashcan and hope they say something incriminating while it is recording.
Posted on 11/10/23 at 3:08 pm to OvertheDwayneBowe
quote:
You can't throw a tape in a plant/trashcan and hope they say something incriminating while it is recording.
If it's your domain you absolutely can with proper awareness. But you need to have a contractual signing when they enter your domain for awareness of those who enter.
Prince did this with his house to own all the music made in it. You just need contracts signed when they enter.
Posted on 11/10/23 at 3:13 pm to LSUtwolves
quote:
i don't understand why it's illegal to record a conversation you're having with someone without them knowing. or does one party consent make it legal since i am in the conversation?
anyways, i had an a-hole for a manager that was a prick to the point of being verbally abusive but the boss never knew how much of a prick the manager was.
a voice recording would have gone a long way.
House and Car are ok with the contract signed when they enter since you own them. A lot of this law comes from the music and entertainment industry. Hence the states requiring two-party consent are mainly music and entertainment production states. In public is completely ok. If you are doing hidden recordings in a place you do not own then you are treading in murky waters.
If you do want to use evidence like this in court, then the recording better be acquired in the state or jurisdiction you are trying to sue them.
Posted on 11/10/23 at 3:13 pm to Trevaylin
I've started recording conversations with Boss and HR.
Granted, they're assholes. That's a big reason.
Granted, they're assholes. That's a big reason.
Posted on 11/10/23 at 3:18 pm to Privateer 2007
quote:
Privateer 2007
Don't record it on any device they issued to you, then that is theft. A personal cellphone is best.
Posted on 11/10/23 at 3:20 pm to boosiebadazz
quote:
Can you have an illegal recording in a one party state if the one party is party to the conversation?
This would be an in-rem jurisdiction issue that would be a major pain in the arse. Would depend on where the evidence was held and if the case was being tried in a two party state then you would be SOL.
It would probably be easier in a one party state but would be at the discretion of the judge. presiding over your case.
Posted on 11/10/23 at 4:17 pm to hometownhero89
quote:
But you need to have a contractual signing when they enter your domain for awareness of those who enter.
Prince did this with his house to own all the music made in it. You just need contracts signed when they enter.
You just described consent.
Posted on 11/10/23 at 4:21 pm to OvertheDwayneBowe
quote:
You just described consent.
There are details of consent that weren't covered. Details matter when it comes to enforceable evidence.
Posted on 11/10/23 at 4:30 pm to Trevaylin
I worked at Radio Shack back in the 80s. They sold a device that plugged in between your phone and the wall jack that controlled a tape recorder. It would start recording when you picked up the receiver.
When we sold one, we were required to inform the buyer of the consent law specific to the state. I was in Louisiana, and had to explain 1 party consent law. Supposedly, government folks could visit the store posing as customers, and make sure you gave the schpiel. if you didn't, supposedly you were in deep shite. It was a pain for a 30 dollar sale.
I am sure that was bullshite, but the store managers took it seriously.
When we sold one, we were required to inform the buyer of the consent law specific to the state. I was in Louisiana, and had to explain 1 party consent law. Supposedly, government folks could visit the store posing as customers, and make sure you gave the schpiel. if you didn't, supposedly you were in deep shite. It was a pain for a 30 dollar sale.
I am sure that was bullshite, but the store managers took it seriously.
Posted on 11/10/23 at 4:51 pm to LSUtwolves
quote:
anyways, i had an a-hole for a manager that was a prick to the point of being verbally abusive but the boss never knew how much of a prick the manager was.
a voice recording would have gone a long way.
Legal or not, recording something at work might still be held against you by supervision.
You can never tell how things will be interpreted. I know of a case where a woman accused a co-worker of engaging in discrimination after an alleged affair ended. She told supervision that the co-worker and her had even engaged in sex acts at work. The co-worker denied that was true. The end result? She was fired, because she had either engaged in inappropriate acts at work, or had lied about it. Both of which were grounds for termination. The man wasn't terminated, because they couldn't confirm her allegations against him.
Posted on 11/10/23 at 4:53 pm to hometownhero89
Sounds like there’s two issues, maybe more:
1) Is it even legal to do so?
2) how can you use it, ie, civil litigation, criminal, other? With reference to the laws of evidence for that court/jurisdiction.
Is that about right?
1) Is it even legal to do so?
2) how can you use it, ie, civil litigation, criminal, other? With reference to the laws of evidence for that court/jurisdiction.
Is that about right?
Posted on 11/10/23 at 5:01 pm to Trevaylin
So if you are in Louisiana (1 party consent state) and on a call with someone in California (2 party) - the conversation requires two party consent?
Posted on 11/10/23 at 5:04 pm to Havoc
quote:
1) Is it even legal to do so?
If you own the location or vehicle that is bugged, yes. If you are recording on public property, yes.
Almost any other answer followed by no is illegal.
quote:
2) how can you use it, ie, civil litigation, criminal, other? With reference to the laws of evidence for that court/jurisdiction.
private dashcams are legal because it is inside an extension of your home.
proof of ownership of an idea that can be copyrighted.
proof someone committed a crime against your home. but the face has to be clear, hence why placement is important. all private security home cameras do is give you a start to look for the perpetuator and helps police do that faster. if they catch them then authenticate them as the perpetuator of the crime it's a smoking gun.
Posted on 11/10/23 at 5:08 pm to dewster
quote:
So if you are in Louisiana (1 party consent state) and on a call with someone in California (2 party) - the conversation requires two party consent?
For example, if the call being recorded is hosted in Louisiana on a server in Louisiana then in rem jurisdiction is in Louisiana.
If the call is hosted by a server in California then in rem jurisdiction would be held to two party laws.
In rem jurisdiction would be key on where the recording of the call is stored.
So verify the laws of where the data would be hosted, because if it's a call hosted by third-party vendor in a different state than the two call participants, then you would have a sticky SOL situation depending on the state where the case is being tried. But it would be a shitshow fighting for jurisdiction if three states are involved.
It would all come down to the judge at that point.
Posted on 11/10/23 at 5:36 pm to Trevaylin
Consent is sexy.
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