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  1. #1
    Join Date
    Oct 2014
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    2

    Default One Party Consent for Telephone Recording

    My question involves criminal law for the state of: Louisiana

    I live in Louisiana. A few months ago I received a call from my ex's cell phone while he was driving in Louisiana with another adult and our young child.

    Our child is just learning to dial a cell phone, so it's not unusual for there to be a prolonged period of silence before he/she realizes that the call has been answered.

    Assuming that the call was made by our child, I repeatedly said hello very loudly for about a minute before realizing that my ex had accidentally dialed me and was unaware that I was on the phone. I overheard my ex talking with the adult passenger about ways they could commit a crime against a specific individual without being caught. The conversation was so bizarre and out of character for my ex that I began taping the call to share with my significant other. I did not really believe my ex would actually follow though - I assumed my ex was just venting. After about 30-40 minutes the call was dropped or someone ended the call.

    Yesterday I found out that a similar crime was committed against their intended victim a few weeks after the phone call. The crime occurred in a different state (my ex's state of residence) and the case is still open. A suspect (not my ex or his passenger) has been named in the victim's hometown newspaper. I would like to contact the detective and give him the recording, but I'm scared for my child and myself. I don't want to give the police information that leads back to me unless it can be used in court. Is my knowledge of the recording enough to satisfy the one party requirement?

    I've made an appointment with a local attorney, but can't see him until Friday. In the meantime I'm worried sick.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: One Party Consent for Telephone Recording

    It appears that you committed a crime in spite of recording someone else planning a crime.

    See:

    http://www.rcfp.org/reporters-record...uide/louisiana

    Make sure you read the actual statutes referred to in that guide. You can do that at:

    http://law.justia.com/codes/louisian...utes/title-15/

  3. #3
    Join Date
    Oct 2014
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    2

    Default Re: One Party Consent for Telephone Recording

    That's what I was worried about. I had hoped that because his phone called mine, which I can prove using cellphone records, that I would be considered one party. I really dread visiting the lawyer and I dread calling the detective even more. The worst part is that this isn't a minor crime that I can find some justification for not acting on what was said.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: One Party Consent for Telephone Recording

    Note: You can indicate that your ex- butt-dialed you and that you heard the conversation without sharing any more information or indicating that you recorded anything.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: One Party Consent for Telephone Recording

    Quote Quoting NS50
    View Post
    That's what I was worried about. I had hoped that because his phone called mine, which I can prove using cellphone records, that I would be considered one party. I really dread visiting the lawyer and I dread calling the detective even more. The worst part is that this isn't a minor crime that I can find some justification for not acting on what was said.
    Mr K makes a good point.

    You can be just as good a witness to the conversation without having recorded it.

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