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Is it legal to record a phone conversation in a two-party consent state if the other party has already said they are or may be recording?
Wiki User
∙ 15y ago
They MUST warn you but, IF YOU MAKE NO OBJECTION, they may legally record the conversation. However, that does not mean that the warned party MUST continue the conversation. You can explicitly state that you do NOT give your consent to be recorded, or you may may choose to hang up.
Wiki User
∙ 15y ago
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Can an employee record a conversation with the employer?
The legality of recording a conversation with an employer varies by jurisdiction. In some cases, both parties must consent to the recording, while in others only one party needs to give consent. It is advisable to check the laws in your specific jurisdiction or consult with an attorney before recording any conversations with your employer.
In Pennsylvania if a telephone caller says he is recording a phone call can you demand he turn off the recorder under the two-party consent law?
Yes, but the party does not have to comply and the person objecting to the recording of the conversation has the option of terminating the communication.
Is it legal to tape a husband and wife conversation in Texas?
Texas is what is commonly called a "one party consent" state, which means that if one party to the conversation knows the conversation is being recorded and consents to the recording, the other party need not. Here is a longer overview of the Texas law: http://www.citmedialaw.org/legal-guide/texas/texas-recording-law However, even assuming that it is legal to record the conversation, there may be limits on the use of that recording. For instance, depending upon how the state of Texas recognizes and applies the marital/spousal privileges, such a recording might not be admissible as evidence in a legal proceeding.
Can anybody use voice recording as a legal evidence?
Not usually in either a criminal or civil matter. But there are, as in almost every legal matter exceptions. If your state allows the recording of one person private conversations (very few do). Or the so called evidence is obtained via voice mail in which the person would or should be aware of the consequences of relaying such information.
Can a person be tape recorded or video taped in person without their consent?
The following is in regards to audio recording. I will not speculate on video recording because I am not sure if the law for audio applies the same to video.There are 12 States in the U.S. That requires ALL parties involved in the conversation (All Party Consent) to be made aware that the conversation is being recorded. These States are:CaliforniaConnecticutDelawareFloridaIllinoisMarylandMassachusettsMichiganMontanaNew HampshirePennsylvaniaWashingtonThe following 38 States require that at least ONE person (One Party Consent) involved in the conversation has given permission for the conversation to be recorded including the person doing the recording:AlaskaArkansasColoradoDistrict of ColumbiaGeorgiaHawaiiIdahoIndianaIowaKansasKentuckyLouisianaMaineMinnesotaMississippiMissouriNebraskaNevadaNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWest VirginiaWisconsinWyomingThis falls under the United States Code: Title 18.2511. As long as you actually take part in the conversation and are doing so in a State that allows "One Party Consent", it is quite legal to record the conversation without another party in the conversation giving permission or even being told that they are being recorded.Hope that fully answers your question..
If there are 3 people on the phone call and a 4th person is talking to one of the people using the phone can someone in on the phone call record the 4th person without their consent in North Carolina?
North Carolina is a "one-party consent" state. Only one party to the conversation needs to consent to the recording of any "wire, oral, or electronic communication". That means individuals can record phone calls and conversations as long as they are a party to the conversation, without getting the consent of any other party to the conversation. It is a reminder that we need to be mindful that our conversations and activities can be easily recorded and distributed via electronic devices.If the 4th person is having an unrelated conversation with one of the parties using a phone and who is not the one recording you should consult an attorney. That situation may complicate the issue.
Is it illegal to record a phone conversation between two different people in Oklahoma?
There are 2 different opinions here...ANSWER 1:No it is not, as long as the person recording is a party to the conversation. ANSWER 2:I was just searching & reviewing the laws for Oklahoma last week, concerning whether it's legal to secretly (or without all parties knowledge) record a conversation. I do know that in Oklahoma only 1 party of the conversation needs to consent to the recording, if it is a face to face conversation. However, if over the telephone, I'm real sure that all parties of the conversation have to formed at the beginning of recording.See Oklahoma Statutes Annotated, Title 13, § 176.4(5)
Is it legal to record cell phone conversations?
It is illegal to record any conversation, be it land-line, cell phone or in person without the person's consent. Recording without their permission is a punishable crime. http://www.telephonecallrecorder.com/legality_of_phone_call_recording.php
Can you video record a police in Maryland?
Only with their consent. Maryland laws on recording people require that all parties consent to the recording unless it is out in a public place with no reasonable expectation of privacy.
Is it illegal to record a conversation with your boss in Indiana?
I believe its legal to record the call as long as you're one of the participants.Indiana is a one-party consent state: "Ind. Code Ann. § 35-33.5-1-5(2) Statute allows the recording of a telephone conversation by either the sender or receiver of the communication."
Is it illegal to tape a person's conversation if they didn't give consent to be recorded in Texas?
According to the Texas Penal Code "So long as a wire, oral, or electronic communication---including the radio portion of any cordless telephone call---is not recorded for a criminal or tortious purpose, anyone who is a party to the communication, or who has the consent of a party, can lawfully record the communication and disclose its contents. Texas Penal Code § 16.02." Either party can tape an electronic conversation without the other party's consent. "Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Texas Code Crim. Pro. Art. 18.20." Anyone can tape a non electronic communication as long as there is not a reasonable expectation that the communication is private.
Is it illegal to tape a person's conversation in the state of Alabama if you have a concealed recording device on you?
Federal law states that one party of the conversation must know that the conversation is being taped. In other words, I can tape a conversation between me and someone else, but I can't tape a conversation that doesn't involve me. The recording of a non-electronic conversation under West Virginia law is only legal if the party being recorded had no expectation of the conversation being private. In other words, recording such conversation would have to be done in a public place.
