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Telephone recording
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demera@planttel
Member
OK well this has opened my eyes, I have been recording mine and ex' coversations for the past 4 months. i record all phone converstaions and conversations when we meet. I have recorded him telling me things like he dont care if i ever see my son again and he dont give a "f" what the judge says, etc etc,. I planned on using this when we went back to court. I also was hoping to get gary video taped arouind my son drinking b/c the CO states he is not allowed to drink around him. I looked up the laws for Ga and I cant really understand what they all mean,this is what it said:
Wiretapping
Georgia law makes it illegal to intentionally and secretly intercept, by use of a device, the contents of a message transmitted by telephone or "any other means of private communication." Interception is not illegal, however, if you are a party to the communication or if one of the parties has given prior consent.
SO, am I allowed to record our phone converstaions since I am party to the conversation?
Eavesdropping
It is also illegal to intentionally and "in a clandestine manner" overhear, transmit or record (or attempt to overhear, transmit or record) the private conversations of others that "originate in any private place." A "private place" is defined as "a place where one is entitled reasonably to expect to be safe from casual or hostile intrusion or surveillance." Georgia courts have interpreted the statute to allow a party to the conversation to record or divulge it.
It is also illegal to enter a private place or "the premises of another" to eavesdrop on others or secretly observe their activities.
So, if a friend of mine just happened to be around Gary while he was drinking and my son was present, and just happened to record it, would this be allowed?
Surveillance and video recording
Georgia law requires the consent of all parties for photographing, video recording or covert observation in a private place. A Georgia court ruled in 1986 that the manager of a department store did not invade the privacy of individuals engaging in homosexual behavior in a restroom stall when he observed them from the room above the restroom and then called the police. The court ruled that the public restroom was not private and that the store had a right to keep its own premises under surveillance.
Another section of the law specifically prohibits being a "Peeping Tom." This is defined as someone who "peeps through windows or doors, or other like places, on or about the premises of another for the purpose of spying upon or invading the privacy of the persons spied upon" or doing other similar acts which invade the privacy of another.
Other provisions
Cellular telephone communications are specifically protected by the statute.
It is illegal to possess an eavesdropping device, defined as a device designed and primarily useful for secret interception or recording of the private conversations of others.
Penalties
Eavesdropping, wiretapping and surveillance are felonies, punishable by one to five years in prison or a $10,000 fine or both. The exception is intercepting a cellular telephone conversation, which is a misdemeanor punishable by up to a year in prison and a $5,000 fine.
Although Georgia law does not specifically provide civil remedies for surveillance, wiretapping and eavesdropping offenses, courts have allowed claims for invasion of privacy based on wiretapping to proceed, even when none of the information obtained was published or disclosed.
Wiretapping
Georgia law makes it illegal to intentionally and secretly intercept, by use of a device, the contents of a message transmitted by telephone or "any other means of private communication." Interception is not illegal, however, if you are a party to the communication or if one of the parties has given prior consent.
SO, am I allowed to record our phone converstaions since I am party to the conversation?
Eavesdropping
It is also illegal to intentionally and "in a clandestine manner" overhear, transmit or record (or attempt to overhear, transmit or record) the private conversations of others that "originate in any private place." A "private place" is defined as "a place where one is entitled reasonably to expect to be safe from casual or hostile intrusion or surveillance." Georgia courts have interpreted the statute to allow a party to the conversation to record or divulge it.
It is also illegal to enter a private place or "the premises of another" to eavesdrop on others or secretly observe their activities.
So, if a friend of mine just happened to be around Gary while he was drinking and my son was present, and just happened to record it, would this be allowed?
Surveillance and video recording
Georgia law requires the consent of all parties for photographing, video recording or covert observation in a private place. A Georgia court ruled in 1986 that the manager of a department store did not invade the privacy of individuals engaging in homosexual behavior in a restroom stall when he observed them from the room above the restroom and then called the police. The court ruled that the public restroom was not private and that the store had a right to keep its own premises under surveillance.
Another section of the law specifically prohibits being a "Peeping Tom." This is defined as someone who "peeps through windows or doors, or other like places, on or about the premises of another for the purpose of spying upon or invading the privacy of the persons spied upon" or doing other similar acts which invade the privacy of another.
Other provisions
Cellular telephone communications are specifically protected by the statute.
It is illegal to possess an eavesdropping device, defined as a device designed and primarily useful for secret interception or recording of the private conversations of others.
Penalties
Eavesdropping, wiretapping and surveillance are felonies, punishable by one to five years in prison or a $10,000 fine or both. The exception is intercepting a cellular telephone conversation, which is a misdemeanor punishable by up to a year in prison and a $5,000 fine.
Although Georgia law does not specifically provide civil remedies for surveillance, wiretapping and eavesdropping offenses, courts have allowed claims for invasion of privacy based on wiretapping to proceed, even when none of the information obtained was published or disclosed.
baystategirl said:Well..from what you've said ...
"there is nothing wrong with her that a fatal accident wouldn't cure..
I don't mean to hijack either....
But I can relate too....
My SS's mom had the terrible accident... And she couldn't even get that right either...
Luckily, we live so far apart. She is up to something cause she has gone MIA since Dec. and hasn't spoke to the child since Sept...
Anyways, DH sets up the record when she would call. She would tell my SS some aweful thing to say, then she'd tell him there was nothing his daddy could do about.
Sorry again... just my 2 cents...
Thanx,
Stars...
kittiepaws
Junior Member
Recorded Calls
I'm not sure about Tennessee and Florida...or INTERSTATE calls for that matter...but in the state of Texas (which is where I'm at) it IS NOT against the law to tape record a phone call conversation AS LONG AS at least ONE PERSON ON THE LINE KNOWS that it's being done...if YOU know...then YOU ARE THAT ONE PERSON. And in TEXAS the tape's regarding any recorded calls IS ADMISSABLE in court. ANYONE WHO WANTS TO ARGUE THIS WITH ME FORGET IT BECAUSE MY LAWER advised me of this info AND...was planning on using MY TAPES but didn't have to. The only time it is illegal for a conversation to be recorded where the other person doesn't know it's being done is when it's a business (like your gas company, electric company, mortgage company). I hope this helps...laws vary from state to state...but for the most part they are similar in nature and usually read fairly the same....if you don't have a lawyer to ask then try looking up your state's laws online...go to google and type in..."Tennessee Laws" or "Florida Laws". Find the website in your hits that say.. .gov .tn .fl (tn and fl for the state) within the website address that always appears at the bottom of the website description. This would be a good indication that it's the state's website...then you can look around at the different laws for telecommunications sanctions... also you can look up family laws and codes too...Hope this helps you.
I'm not sure about Tennessee and Florida...or INTERSTATE calls for that matter...but in the state of Texas (which is where I'm at) it IS NOT against the law to tape record a phone call conversation AS LONG AS at least ONE PERSON ON THE LINE KNOWS that it's being done...if YOU know...then YOU ARE THAT ONE PERSON. And in TEXAS the tape's regarding any recorded calls IS ADMISSABLE in court. ANYONE WHO WANTS TO ARGUE THIS WITH ME FORGET IT BECAUSE MY LAWER advised me of this info AND...was planning on using MY TAPES but didn't have to. The only time it is illegal for a conversation to be recorded where the other person doesn't know it's being done is when it's a business (like your gas company, electric company, mortgage company). I hope this helps...laws vary from state to state...but for the most part they are similar in nature and usually read fairly the same....if you don't have a lawyer to ask then try looking up your state's laws online...go to google and type in..."Tennessee Laws" or "Florida Laws". Find the website in your hits that say.. .gov .tn .fl (tn and fl for the state) within the website address that always appears at the bottom of the website description. This would be a good indication that it's the state's website...then you can look around at the different laws for telecommunications sanctions... also you can look up family laws and codes too...Hope this helps you.
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kittiepaws said:I'm not sure about Tennessee and Florida...or INTERSTATE calls for that matter...but in the state of Texas (which is where I'm at) it IS NOT against the law to tape record a phone call conversation AS LONG AS at least ONE PERSON ON THE LINE KNOWS that it's being done...if YOU know...then YOU ARE THAT ONE PERSON. And in TEXAS the tape's regarding any recorded calls IS ADMISSABLE in court. ANYONE WHO WANTS TO ARGUE THIS WITH ME FORGET IT BECAUSE MY LAWER advised me of this info AND...was planning on using MY TAPES but didn't have to. The only time it is illegal for a conversation to be recorded where the other person doesn't know it's being done is when it's a business (like your gas company, electric company, mortgage company). I hope this helps...laws vary from state to state...but for the most part they are similar in nature and usually read fairly the same....if you don't have a lawyer to ask then try looking up your state's laws online...go to google and type in..."Tennessee Laws" or "Florida Laws". Find the website in your hits that say.. .gov .tn .fl (tn and fl for the state) within the website address that always appears at the bottom of the website description. This would be a good indication that it's the state's website...then you can look around at the different laws for telecommunications sanctions... also you can look up family laws and codes too...Hope this helps you.
That's helpful only in TX. OP is dealing with interstate laws~ One of which is an all party consent state. In an all party consent state, you cannot record without CONSENT. Not 'notification'...but CONSENT.
You are ABSOLUTELY INCORRECT, perhaps you should read up on established case law. The admissiblity of tape recordings is completely left up to the judges discrection. The tapes accuracy, authenticity and clarity are key factors for determinating the proper foundation for admissiblity.kittiepaws said:
It is well recognized that there are no strict particularized standards governing the admissibility of tape recordings and that the purpose of the foundational inquiry is simply to establish and ensure the accuracy of the recording. United States v. Hughes, 658 F.2d 317, 322, (5th Cir. Oct. 1981), cert. denied, 455 U.S. 92 (1982); see also, United States v. Stone, 960 F.2d 426, 436 (5th Cir. 1992) (The Biggins factors are not meant to require "formalistic adherence" at the expense of the trial judge's discretion). The trial judge has broad discretion to determine whether this burden has been satisfied, and his determination will not be disturbed absent extraordinary circumstances. Hughes, 658 F.2d at 323; United States v. Biggins, 551 F.2d 64, 66-67 (5th Cir. 1977).
http://www.usdoj.gov/atr/cases/f0600/0600.htm
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