School Voice recording

[j_hansen_13]

What is the name of your state? South Dakota
i recentyl got in troulbe for recording a voice conversation i was having with another student. i was told it was illegal to not tell them about the recording. i was recording it because i had been have some trouble, because they harrass me some times, and i needed proof they did. when i got the proof i was told it was illegal. i got home, and researched it. i found out htat in south dakota it is legal to have one party know about the recording... am i right?

can u record someone else that is having a voice conversation with you if you dont tell them, and is it legal in South Dakota?
thanks

 

[seniorjudge]

What is the name of your state? South Dakota
i recentyl got in troulbe for recording a voice conversation i was having with another student. i was told it was illegal to not tell them about the recording. i was recording it because i had been have some trouble, because they harrass me some times, and i needed proof they did. when i got the proof i was told it was illegal. i got home, and researched it. i found out htat in south dakota it is legal to have one party know about the recording... am i right?

can u record someone else that is having a voice conversation with you if you dont tell them, and is it legal in South Dakota?
thanks

Google

south dakota eavesdropping

 

[j_hansen_13]

Google

south dakota eavesdropping

i did, and i couldnt find anything wrong with it because i was in the conversation.

http://www.rtnda.org/resources/hiddencamera/allstates.html

i got my information form that website

 

[BelizeBreeze]

What is the name of your state? South Dakota
i recentyl got in troulbe for recording a voice conversation i was having with another student. i was told it was illegal to not tell them about the recording. i was recording it because i had been have some trouble, because they harrass me some times, and i needed proof they did. when i got the proof i was told it was illegal. i got home, and researched it. i found out htat in south dakota it is legal to have one party know about the recording... am i right?

can u record someone else that is having a voice conversation with you if you dont tell them, and is it legal in South Dakota?
thanks

WHO told you it was illegal?

 

[j_hansen_13]

WHO told you it was illegal?

all the teachers did.

an email sent to her got reponded by this... i included the link above on prior postings in the email...
Jordan:

You are in a school - basically a public place. Mrs. ******* can ask her husband, a lawyer for the answer. We will discuss this tomorrow. You were wrong in bringing it to school and if you would like to further discuss this with me - we can arrange a meeting with your parents. You are intruding on other peoples rights when you record without thier knowledge. You are basically saying that if you put that recorder in the bathroom and record me it is okay as long as you know about it. I disagree. I agree that as an employer they can record me if I am their employee and they have rightful suspections that I am doing something wrong.

 

[fairisfair]

uh oh sounds like the teachers are about to be educated!!

 

[seniorjudge]

all the teachers did.

an email sent to her got reponded by this... i included the link above on prior postings in the email...
Jordan:

You are in a school - basically a public place. Mrs. ******* can ask her husband, a lawyer for the answer. We will discuss this tomorrow. You were wrong in bringing it to school and if you would like to further discuss this with me - we can arrange a meeting with your parents. You are intruding on other peoples rights when you record without thier knowledge. You are basically saying that if you put that recorder in the bathroom and record me it is okay as long as you know about it. I disagree. I agree that as an employer they can record me if I am their employee and they have rightful suspections that I am doing something wrong.

Let me repeat BB's question:

WHO told you it was illegal?

 

[seniorjudge]

...

I agree that as an employer they can record me if I am their employee and they have rightful suspections that I am doing something wrong.

...

Did a teacher really say "suspections"?

 

[BelizeBreeze]

all the teachers did.

an email sent to her got reponded by this... i included the link above on prior postings in the email...
Jordan:

You are in a school - basically a public place. Mrs. ******* can ask her husband, a lawyer for the answer. We will discuss this tomorrow. You were wrong in bringing it to school and if you would like to further discuss this with me - we can arrange a meeting with your parents. You are intruding on other peoples rights when you record without thier knowledge. You are basically saying that if you put that recorder in the bathroom and record me it is okay as long as you know about it. I disagree. I agree that as an employer they can record me if I am their employee and they have rightful suspections that I am doing something wrong.

whomever wrote this e-mail is an idiot. equating placing a recording device in a bathroom and taping one's own conversations is not legally the same.

Placing a voice recorder in a private place where one has an expectation of privacy is illegal in ALL 50 states including 18 USC 2510, et seq, The Electronic Communications Privacy Act of 1986. Placing such a device (without video AND audio) in a place where there is no expectation of privacy, such as a PUBLIC bathroom, is NOT illegal.

Also,
S.D. Codified Laws § 23A-35A-20: It is a felony to intercept or record any wire or oral communication unless the person recording is a sender or receiver of the wire communication or has obtained the consent of either the sender or receiver, or unless the person recording is present during the oral communication or has obtained the consent of one party to the oral communication.

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,"S.D. Codified Laws § 23A-35A-1.

Therefore, while the recording may not be illegal, the school can suspend you for such activities.

Also, I suggest the person who wrote this email attend law school. An employer may NOT record employees under most circumstances unless one of two criteria is met:
1. the recording is made in a place where no expectation of privacy exists, or;
2. the recording serves a legitimate business interest.

If this person would like to post here then they will get a free education, inclusive of a generous ass chewing.

 

[j_hansen_13]

thank you

i appreciate all the help u guys have given me. i thought i was right, but i wasnt sure. the thing i posted about whut she said is her exact words.

She told me it was illegal, and i didnt htink so, so thanks