Telephone recording

[ceara19]

I'm really sorry, I guess I was wrong. I will shut-up.

Don't take it so personally. I felt as though the information needed to be corrected in case someone from Texas were to actually read the post while searching for references to taping phone calls.

 

[weenor]

Good of sno to post the statutes...certainly Florida law on the subject is much more stringent than a few other states....OP needs to read and show to hubby so that can make an informed decision about whether he feels that ex's threats justify him breaking the law. He will have to be prepared to accept the consequences. As to my post above I explained what happened in Alabama and my personal feelings...and that OP's hubby may want to consider the consequences because it does appear that he may have dangerous situtation to deal with...I and the other posters who have recorded are relaying our experiences in our states and do not believe that anyone is advising that OP break the law- Just understand the consequences if he should chose to do so.

 

[snostar]

So you not only broke the law which can get you into serious trouble but then you gave all this illegal info to the law guardian? You should count yourself lucky she did not turn you in for it.

Now, where did I state I broke the law? I simply learned and became an expert in shorthand in less than 12 hours.

And, I do agree with Weenor, if someone was threating to kidnap or kill my child I would be willing to risk jail time in an effort to protect my child.

OP, your husband should definitely file a report with police in regards to each of the threats. That creates documentation for later on down the road.

 

[snostar]

I and the other posters who have recorded are relaying our experiences in our states and do not believe that anyone is advising that OP break the law- Just understand the consequences if he should chose to do so.

Your post, IMO clearly laid out differnet perceptions as a parent and attorney (a great valu to the OP). I concluded no indication you were advising the OP to break the law.

I do beleive two4two intentions were innocent but also could have mislead this poster into possibly committing a crime without the complete facts.

The recordings however will help your lawyer make his case and should be taken.

The issue of intercepting cellular transmissions across state lines is truly complicated and beyond.

 

[weenor]

I concluded no indication you were advising the OP to break the law.

Please my post was in no way meant to state that you implicated anything..I just looked and thought hm....maybe I need to clarify with the other posters...those were my feelings and experiences not legal advice for OP to do anything illegal....You just made me think....thanks.

 

[acmb05]

Now, where did I state I broke the law? I simply learned and became an expert in shorthand in less than 12 hours.

And, I do agree with Weenor, if someone was threating to kidnap or kill my child I would be willing to risk jail time in an effort to protect my child.

OP, your husband should definitely file a report with police in regards to each of the threats. That creates documentation for later on down the road.

Excuse me snostar I thought you were in a two party state. My Apologies.

 

[Mister Darcy]

Couldn't the OP just tell the other party that the call is being recorded? Then it would be legal, right?

 

[snostar]

Please my post was in no way meant to state that you implicated anything..I just looked and thought hm....maybe I need to clarify with the other posters...those were my feelings and experiences not legal advice for OP to do anything illegal....You just made me think....thanks.

I know... We know how often things can get misinterpreted, it is always good to clarify. I was trying to do the same.

 

[snostar]

Couldn't the OP just tell the other party that the call is being recorded? Then it would be legal, right?

No, the issue of cell phone interception and recording is radio related because of the transmission medium. It doesn't fall under the normal telephonic laws. The FCC regulates reception and recording of radio conversations, and prohibits doing so on cellular phone conversations.

 

[rush06]

when I called staples customer service, it said the phone may be monitored and recorded. but when I asked to record the conversation, the Cust. Serv. Rep. said no. Can I still record the call? it seem unfair if they can record it and I can't.

 

[BelizeBreeze]

O.K. let's try to make some sense out of this diatribe.

First, the parties live in different states: One party in Tennessee and another in Florida. Regardless of where the call originates, Florida law prevails in any conversation and the taping thereof.

Therefore, ALL PARTIES must assent to the recording of a telephonic conversation, whether it be by land line, cellular phone or speaker phone.

Now to some of the fallacies posted here:

Also, many states have a different set of rules regarding interstate calls.

Completely false. States do not regulate interstate calls. The Federal Communications Commission does through 18 USC 2510, et seq, The Electronic Communications Privacy Act of 1986.

If he speaks to the ex on speaker phone, the party "witnessing" the conversation could be considered an incidental witness as opposed to an eavesdropper.

False. The party listening in (or all parties who may hear the results of using the speaker phone) are parties to the conversation. Unless and until notification of all parties to the conversation is given, there can be no acceptance and the further 'recording' of such is illegal.

Couldn't the OP just tell the other party that the call is being recorded? Then it would be legal, right?

Whether or not notice is given and accepted in the manner is a question of fact for a judge and/or jury to decide. If, as above, there is a third party listening to a speaker phone extension of the conversation and all that is said regarding notification is "I'm recording this conversation" then notification has NOT been given and the results of the 'taping' are inadmissible in court.

Also, a recording being legal does not address the admissibility of the subject matter of the recording. Just because a taping is legal doesn't mean it will be admitted as evidence.

when I called staples customer service, it said the phone may be monitored and recorded. but when I asked to record the conversation, the Cust. Serv. Rep. said no. Can I still record the call? it seem unfair if they can record it and I can't.

And of course, the answer to that question depends on the state in which the recording is being made. However, although the company may have the legal right to record the conversation, the jury is still out on that right reaching in both directions.

Now, the exact florida statute which is relevant to this thread is the following:

Fla. Stat. ch. 934.03: All parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication in Florida. Recording or disclosing without the consent of all parties is a felony, unless the interception is a first offense committed without any illegal purpose, and not for commercial gain, or the communication is the radio portion of a cellular conversation. Such first offenses and the interception of cellular communications are misdemeanors. State v. News-Press Pub. Co., 338 So. 2d 1313 (1976), State v. Tsavaris, 394 So. 2d 418 (1981).

 

[mom6stepmom2]

For what its worth what were are all talking about are state and federal wire taping that could lead to a criminal charge....however, if my ex was saying the stuff she has has been saying, I would record and take the chance....I really think if someone wanted to bring him up on charges that he has a good reason to record- not a legal defense, but an equitable one. The attorney ethically cannot tell him to do something illegal so I wouldn't bother asking..if it were me I would research the penalties if charged and see if its worth taking the chance...so far I vote its worth it..but I am not really familar with the penalties...

My husband recorded phone conversations between himself(Oregon) and his ex(Georgia) and between his children and his ex when the kids were here for summer visitation and then afterwards when he gained sole custody. He took the tapes between the kids and mom to court with him for the temporary custody hearing. He had transcribed the worst of the tapes. Including a tape with mom firing a 38 revolver in the house because she was angry with my husband. Other tapes of mom telling my stepson to beat his much younger and smaller stepsiblings up, knock them out, put them in the hospital, etc. Yucky stuff. The tapes helped him win his case.

Husband began taping kids and mom because mom was trying to make everyone including CPS believe stepdaughter was being molested and otherwise abused. Tapes clearly disprove mom's acsusations. Husband's ex is clearly a liar. Tapes prove it. The tapes also prove without a doubt that mom is manipulating the stepdaughter. My husband's ex has stated to my husband many times that if she can't have the kids then no one will. She has said she would do whatever it takes to make sure he loses the kids. All this is on tape. My husband thought the benefits of taping far outweigh any risks.

 

[BelizeBreeze]

And what does this have to do with the Poster's INITIAL question?

 

[snostar]

O.K. let's try to make some sense out of this diatribe.

This diatribe is 2 months old...back when Scruffy had you locked in the bathroom!

 

[BelizeBreeze]

This diatribe is 2 months old...back when Scruffy had you locked in the bathroom!

then why is it still showing up on New Posts?