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Thread: Legality of using a voice recorder in Ohio

  1. #1
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    I have a small digital recorder that can fit in a pocket. I've thought about carrying it with me when I OC in case I run into a rogue LEO.

    Here's my question: must I inform the LEO that I am recording our conversation?

    In some states, both parties must give consent before the conversation may be recorded. In other states, consent is required from only one party. Just curious what the law is in Ohio.

  2. #2
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    As I understand recordings of conversations - on the phone or otherwise - only one party has to be aware of it here, so you should be ok. Will try to look up the relevant law shortly.

    Sorry - unable to find relevant section of ORC.

    -ljp


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    Google for journalist associations. They keep track of this stuff.

    Also, sometimes the key word is not, "record", but "intercept."
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    You can record any conversation that involves you.........You cannot record any conversation to which you are not a party to, unless one of the party is notified...

    I would recommend a tape recorder instead of digital, They can argue that a digital recording with today's softwarecan be easily altered by anyone.........This alsoappliesto digital video........





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    Splat!! wrote:
    You can record any conversation that involves you.........You cannot record any conversation to which you are not a party to, unless one of the party is notified...

    I would recommend a tape recorder instead of digital, They can argue that a digital recording with today's softwarecan be easily altered by anyone.........This alsoappliesto digital video........



    Splat!!,

    We need please a cite to the relevant statute.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  6. #6
    Regular Member Flintlock's Avatar
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    http://www.rcfp.org/taping/states/ohio.html

    Ohio Rev. Code Ann. § 2933.52: Intercepting, recording or disclosing the contents of a wire, oral or electronic communication if a person is a participant, or has obtained the consent of at least one participant, is legal unless it is accompanied by a criminal or tortious intent.

    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," Ohio Rev. Code Ann. § 2933.51. The Ohio Supreme Court has held that prisoners do not have a reasonable expectation of privacy in their communications, for purposes of the wiretapping law. State v. Robb, 723 N.E.2d 1019 (Ohio 2000).
    Illegal interceptions are felonies and also carry potential civil liability for the greater of actual damages, $200 per day of violation or $10,000, along with punitive damages, attorney fees and litigation expenses. Ohio Rev. Code Ann. § 2933.65.
    The recording of cordless telephone conversations picked up, initially inadvertently, through a baby monitor without the consent of any party to the conversations was found to be an illegal interception of both an oral and wire communication by the state's highest court in 1994. Ohio v. Bidinost, 644 N.E.2d 318 (Ohio 1994).
    Ohio has an anti-voyeurism law that prohibits surreptitiously invading a person's privacy for sexual purposes. Ohio Rev. Code Ann. § 2907.08.





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  7. #7
    Regular Member Deanimator's Avatar
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    Ohio is a one party consent state. As long as you're a party to a conversation, you can record it and you don't have to notify any other parties. You CANNOT record communications in which you do not take part without consent of the parties.

    Recording conversations in various contexts was SPECIFICALLY recommended to me by my lawyer here in Ohio.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

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