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Taping Conversations

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MBMom

Member
What is the name of your state? Oklahoma

I previously read somewhere on this forum that a particular state was a one-party state and could tape telephone conversations with only one having the knowledge of the recording, yet it was also said that it was NOT okay (or against the law) to carry a tape recorder on yourself taping conversations. Is this true for only some states or all states? Does anyone happen to know if this applies to Oklahoma?
 


M

Meursault

Guest
one-party or two-parth states require that (in the first instance) ANY party to the conversation may record the TELEPHONE conversation; and, in the second instance, ALL parties to the TELEPHONE conversation MUST give permission to be recorded.

It doesn't matter if the conversation is a conference call or not. The above rules apply.

Oklahoma is a one-party state.

HOWEVER:

It is illegal in Oklahoma to do the following:

willfully intercept (through the use of a device), attempt to intercept or have another person intercept any wire, oral or electronic communication;
willfully use, attempt to use or have another person use any device to intercept an oral communication; or
willfully disclose or attempt to disclose any information concerning the substance, purport or meaning of a communication if one knows or has reason to know that the information was obtained in violation of the statute.

It is also illegal to possess a device with the intention of "rendering the device primarily useful" for illegal interception of communications in violation of the statute, or to use "any communication facility" to violate the statute.
Violation is a felony punishable by up to five years in prison, a fine of up to $5,000 or both. Any device used or possessed in violation of the statute may be seized and forfeited to the state.
Cordless telephone communications are not protected under state law.

Reasonable expectation of privacy
The statute requires a reasonable expectation of privacy for oral communications. To be protected, an oral communication must be uttered by a person exhibiting an expectation that the communication is not subject to interception, under circumstances that justify that expectation.
An appeals court ruled in 1990 that a criminal suspect did not have a reasonable expectation of privacy in the back of a police car, so that a surreptitious tape recording of his conversation with another passenger there did not constitute a violation of the statute.
 

MBMom

Member
Thanks, Meursault

I understand the part that telephone conversations can be taped in Oklahoma with only one person knowing. But I guess I'm just really stupid because I'm not sure I quite understand the part:

willfully intercept (through the use of a device), attempt to intercept or have another person intercept any wire, oral or electronic communication;

Am I understanding correctly that in Oklahoma you are NOT allowed to carry a tape recorder on your body and tape conversations?
 
M

Meursault

Guest
There you go.

Read the analogy down at the end of the post and you'll see what 'expectation of privacy' entails. Or doesn't entail.

That is the crux of the matter.
 

MBMom

Member
I'm sorry to keep asking questions. I just don't want to interpret this in any wrong way. The purpose for the recording is only to attempt to gather evidence to use against a parent in court, and it doesn't entail anything major, only comments regarding parenting styles. Would you consider that a reasonable expectation of privacy?
 
M

Meursault

Guest
That would not only be an illegal taping subjecting you to a Felony, but also not admissible in any court.

How's that for plain and simple? :D
 

MBMom

Member
VERY plain and simple!! Don't mean to be so feebleminded. Thanks...Although I've read many statutes and laws, I still have trouble understanding them completely correctly.

I've got a citaionized statutes page from the OCSN.net website pulled up. Do you happen to know what category that would fall under?
 
M

Meursault

Guest
Oklahoma Statutes, Title 13, Sections 176.2 through 176.5 (1997); In re K.F., An Alleged Delinquent Child, 797 P.2d 1006 (Okla. Crim. App. 1990).
 

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