Wouldn't it be hard for them to prove that I tape recorded a conversation unless I actually gave them the tape? If they didn't have the tape it would be hearsay (my word against theirs).

I had no idea you could get in trouble for tape recording a conversation. I knew you couldn't use it in court if the other party did not agree to it or didn't know about it.

I am in one of the states that doesn't allow it so I probably won't do it unless she continues to play games. My doctor wants to start taking care of all my medication so if I see him once a month he can take care of it unless he calls in sick.

Thanks Cactus
Tammy

Upstream- Only if it's legal. If you are in a "single party state" and you have a recording, maybe. But YOU have to be part of it or have the device on someone that not only knows of the recording device but also consents to the conversation being recorded.

If you are in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, or Washington state, ALL parties involved must be aware of the recording and they may refuse consent at any time. This gets tricky. I know of a case where a disabled man was being hassled by neighbors and management in Sacramento (IIRC). When they started the harassment he told them "so long as you are aware this may be recorded". They laughed it off and beat the crap out of him. But they did not harm the device used. Which in that case was his cell phone. He dialed his cell phone number from his cell phone and left it on. When they did their thing, it was left on his voice mail. When he got done cleaning up he then called his cell phone from his landline and recorded it as I instructed you.

Cops got the tape and practically ignored the recording laws as he DID tell them it may be recorded. During the trial that was brought up but the guy was honest- he never did it before. He had no idea IF it would work or not. If so, they were warned. If it didn't, no harm no foul. I recall they each got at least 5 maybe 6 years prison because they did it specifically because of his disabilities. Epileptic and bi-polar, IIRC. Apartment complex soon changed hands, and the cops had more respect for him after that. In previous incidents they disregarded his complaints because of his impairments/disabilities.

BUT- you must make sure you know the current laws regarding that in your state.


Tammy, all they have to do is complain to the authorities. The cops look into it, and if they find you did, you could be in trouble.

I'm in Australia, but as I understand it, you need to advise a person you will be recording the conversation. I don't think you need to get permission, they just have to be made aware at the onset which gives them the option not to continue.

I also thought recorded conversations were not submissable evidence without the consent of parties however I was not aware you could get in trouble for taping. I guess there would be breeches of confidentiality which would be more the issue than the act of taping itself.

Someone please correct me if I am wrong.