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Recording Phone Calls With My Ex

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  • 07-17-2011, 04:48 AM
    calichick253
    Recording Phone Calls With My Ex
    My question involves criminal law for the state of: California

    I recorded my ex during a phone call we had (via cell phones). He did not threaten me or anything, as I know in that case it would have been legal for him to record me.

    I know it is illegal to record phone calls in California unless there is consent by BOTH people, but I read something that says if there is a beep when I start recording, it is then legal.

    My phone plays a beep whenever I start recording. It is a single beep.

    Was me recording him legal? Would it be admissible into a court of law?
  • 07-17-2011, 05:21 AM
    Dogmatique
    Re: In This Scenario, Was It Legal for Me to Record Him
    And where did you read this exactly?

    No, it's not a legal recording unless he was actually aware that he was being recorded. It doesn't matter whether your phone beeps, chirps, tweets or sings Nessun Dorma - unless he's actually made aware that he is being recorded, it's a no-go.

    (As an example, my house phone "beeps" to the other person when the phone is about to run out of charge, when another caller is trying to get through...many reasons. See where I'm going here?)
  • 07-17-2011, 05:32 AM
    calichick253
    Re: In This Scenario, Was It Legal for Me to Record Him
    Quote:

    Quoting Dogmatique
    View Post
    And where did you read this exactly?

    No, it's not a legal recording unless he was actually aware that he was being recorded. It doesn't matter whether your phone beeps, chirps, tweets or sings Nessun Dorma - unless he's actually made aware that he is being recorded, it's a no-go.

    (As an example, my house phone "beeps" to the other person when the phone is about to run out of charge, when another caller is trying to get through...many reasons. See where I'm going here?)

    Thank you. That is what I thought. I'm just a bit confused because it says:

    "In the U.S. the individual states have different laws concerning telephone recording. These fall into two categories: Two party notification, and One party notification. Two party notification means both parties being recorded in a conversation must consent. One party notification only requires one of the parties being recorded to consent. Consent is usually granted by an notification recording at the beginning of the call, or with a audible beep tone." - http://www.versadial.com/learn-call-...ing-calls.html

    But then the California Public Utilities Comission and the FCC says it has to be a reoccuring beep.

    "Another method allowed to warn all callers a call is being recorded is the presence of a recorder warning tone: a 1,440 Hz tone repeating every fifteen seconds. In the 1960s, radio stations with call-in programs used to employ a recorder warning tone." - http://en.wikipedia.org/wiki/Califor...ies_Commission

    Not sure which applies here.
  • 07-17-2011, 02:26 PM
    cdwjava
    Re: In This Scenario, Was It Legal for Me to Record Him
    The FCC, the PUC and even Wikipedia are not part of CA's Penal Code.

    Read the law: http://leginfo.ca.gov/cgi-bin/displa...0&file=630-638

    Most notably PC 632. No mention of tones or beeps is made.

    Make such recordings at your own risk. Or, simply announce at the beginning of your conversation that the call is being recorded.
  • 07-18-2011, 10:07 PM
    calichick253
    Re: In This Scenario, Was It Legal for Me to Record Him
    Quote:

    Quoting cdwjava
    View Post
    The FCC, the PUC and even Wikipedia are not part of CA's Penal Code.

    Read the law: http://leginfo.ca.gov/cgi-bin/displa...0&file=630-638

    Most notably PC 632. No mention of tones or beeps is made.

    Make such recordings at your own risk. Or, simply announce at the beginning of your conversation that the call is being recorded.

    so if i went into the station with this as evidence, would the cops listen to it? would they arrest me?
  • 07-18-2011, 11:04 PM
    cdwjava
    Re: In This Scenario, Was It Legal for Me to Record Him
    Quote:

    Quoting calichick253
    View Post
    so if i went into the station with this as evidence, would the cops listen to it? would they arrest me?

    They might do either, neither, or both.

    Why would the cops care to listen to it? What is on the tape that is of interest to them? There are exceptions in the law allowing for recording conversations that involve certain criminal acts ... others, no.

    If your recording was unlawfully obtained, it may be inadmissible in court.
  • 07-19-2011, 03:47 AM
    calichick253
    Re: In This Scenario, Was It Legal for Me to Record Him
    Quote:

    Quoting cdwjava
    View Post
    They might do either, neither, or both.

    Why would the cops care to listen to it? What is on the tape that is of interest to them? There are exceptions in the law allowing for recording conversations that involve certain criminal acts ... others, no.

    If your recording was unlawfully obtained, it may be inadmissible in court.

    Thank you. Lastly, you say it "may be inadmissible in court. I'm pretty sure I wasn't allowed to record him (I read the certain crimes where it could be recorded, and nothing he said fell under that). So likely, it would not be admissible?
  • 07-19-2011, 03:51 AM
    Dogmatique
    Re: In This Scenario, Was It Legal for Me to Record Him
    Nobody can say for sure without knowing the content and context of the message. This is why it's best to run the whole scenario by a local attorney.
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