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I record all incoming calls for my safety, is any of this admissible in court?

For example i record a call and someone threatens me. Is it illegal to record a call without the callers consent?

15 Answers

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  • 3 years ago

    Nathan, I never threatened you, nor gave you consent to record me, and I live in a two-party consent state. Me calling you a "greedyb!+ch" over the phone will not be admissable for sh!t. But you can keep wasting money on that lawyer your mom bought you

  • 3 years ago

    As others have said it depends on the state unless you immediately announce that you are recording the call. In that case it is the caller's choice to continue the phone call and be recorded or hang up.

  • ?
    Lv 7
    3 years ago

    That depends on where you are.

  • 3 years ago

    that depends on your state, in some states both parties must know they are being recorded and in some states only one party must know they are being recorded for it to be legal.

  • Anonymous
    3 years ago

    Which state? It all depends whether you live on a one-party or two-party consent state. If you live in a two party consent state, you are actually breaking the law by recording the call without the other party's knowledge or permission and it would be inadmissible. Not only would it be inadmissible, you could also be prosecuted for it

  • 3 years ago

    In some states, yes. In other states, no.

    Source(s): Certified Paralegal, with 25+ years' experience.
  • lare
    Lv 7
    3 years ago

    if one of the parties (say you) consents then a recording can be made, that is done all the time in business. if neither party consents then that would normally require a warrant. however there are some inadvertent recordings that would be admissible, like if you have an answering machine. i have had people stupid enough to threaten me on my answering machine.

  • 3 years ago

    About a dozen states prohibit this. Even if you live in a state not on the list, in theory, you could get into trouble for recording an incoming call from a state that is. Certainly do NOT file a lawsuit in one of these states based on a secret recording: California, Connecticut, Florida, Hawaii, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington State.

    That said, some of these states make exceptions such as threats of violence, or you can record without permission if you notify from the start. This gets to be quite legally complex, so you'll have to do some research, if you're interested. If worst comes to worst, play the recording to a attorney, and see if he/she thinks it's legal or not.

  • 3 years ago

    What state do you live in?

    Different states have different laws. In Arkansas for instance, it is perfectly legal. In California, all parties on a call must agree.

  • 3 years ago

    it depends - its your home, and your private phone line. If you tell the person your recording, they might not have made the threats - its good to get it on tape.

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