Audio recording and the cops?

[Shotgun]

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McX wrote:

On the other hand, if someone seriously thought they were being tracked through their cellphone and didn't appreciate it, all they would need to do is tape the phone to a delivery truck or semi, and let them follow it all across the countryside



*i see you saw the movie Thief too!

Um.... no. Should I?

 

[J.Gleason]

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Shotgun wrote:

J.Gleason wrote:

Shotgun wrote:

J.Gleason wrote:

968 deals with wire tapping. That is not the same as recording a personal conversation in person. That referrs to intercepting line communications.

Take another look at it... it includes "oral communications."

Talking over the phone is oral communications

I have asked a Judge on this issue and I have been informed that you can legally tape any conversation that you personally are a participant in. Whether the other participants are knowledgeable of your recording or not.

These recordings are also admissable in court.

There is a difference between listening in to two ther peoples phone conversation and recording their conversation. That is wire tapping.

For example, lets say that Nutczak and I were at his home and he called Shotgun on a three way call that shotgun did not know about. Lets say that I was the person listening in on that three way but never participated in the conversation and Shotgun was not aware that I was listening in. I can not legally record the conversation.

Now if Shotgun was aware that I was present in the three way and I was an active participant in the conversation then I could legally record the conversation.

I must disagree on your understanding of 968. I have recorded peoples conversations and successfully used those recordings as evidence in court.

JG, I'm puzzled by what you perceive the disagreement to be. I completely agree with you that one may record any conversation of which they are a participant or at least one of the participants is aware of the recording. I've never stated anything other than that.

A face-to-face conversation is also "an oral communication" and I believe it too is covered by 968. Obviously one does not need any sort of mechanical device to have a communication with another person.

I misread your statement, I thought you were arguing that you can not legally tape record. I was wondering why you would argue that. I guess that is what happens when you work to many shifts. Sorry.

 

[Shotgun]

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Not a problem. Confusion cleared up all around. Take some time off and have fun!