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Voice recording consent.

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Blackpenut

Junior Member
What is the name of your state (only U.S. law)? VA

This is the situation. I have on recording my wife talking about sleeping with and living with a chief in the navy. One is a face to face conversation. The other is over the phone. Virginia law is one party. Navy legal is saying they can't use it because she didn't consent to the recording, so they can't use it against him. They say it goes by military regulations which say everyone must consent. Is this correct? Because I have seen indications and I have a strong feeling they are attempting to cover this up and protect the chief.
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? VA

This is the situation. I have on recording my wife talking about sleeping with and living with a chief in the navy. One is a face to face conversation. The other is over the phone. Virginia law is one party. Navy legal is saying they can't use it because she didn't consent to the recording, so they can't use it against him. They say it goes by military regulations which say everyone must consent. Is this correct? Because I have seen indications and I have a strong feeling they are attempting to cover this up and protect the chief.
Part of the problem, legally, is that you are not one of the parties: no one consented to having the conversation recorded.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? VA

This is the situation. I have on recording my wife talking about sleeping with and living with a chief in the navy. One is a face to face conversation. The other is over the phone. Virginia law is one party. Navy legal is saying they can't use it because she didn't consent to the recording, so they can't use it against him. They say it goes by military regulations which say everyone must consent. Is this correct? Because I have seen indications and I have a strong feeling they are attempting to cover this up and protect the chief.
As the Navy is a FEDERAL agency they are legally obligated to abide FEDERAL STATUTES.
 

Blackpenut

Junior Member
I apologize.

I apologize for not including the fact that these conversations were between my wife and I. So yes, I was participating in the conversations and recording them. And navy legal is saying that the military is held to there own law, not the state's.
 

Just Blue

Senior Member
I apologize for not including the fact that these conversations were between my wife and I. So yes, I was participating in the conversations and recording them. And navy legal is saying that the military is held to there own law, not the state's.
As I said. They abide FEDERAL LAW. :)
 

Silverplum

Senior Member
I apologize for not including the fact that these conversations were between my wife and I. So yes, I was participating in the conversations and recording them.
That's okay -- I apologize for misreading. :)

Blackpenut said:
And navy legal is saying that the military is held to there own law, not the state's.
Right, to Federal military law. Not Virginia law.
 

antrc170

Member
The Navy doesn't abide by state law, nor federal law. They operate under the Uniform Code of Military Justice (UCMJ). Although the military is an agent of the federal government, the law that servicemen and women are required to abide by must have strict orders of discipline. This is demonstrated by the articles dealing with insubordination and disobeying of orders. In an almost opposing argument, the military must have a broad sweeping measure to curtain any activity that is harmful to the US, armed forces, or national security. This is represented by Art. 134, the General article which allows for punishment under a much more broad expanse than any federal or state law would allow.

Specifically, the military will not admit recorded conversations between the servicemember and a private individual unless that conversation is the result of a military investigation. It's not because they are involved in a cover up, but because the military has no jurisdiction over the civilian involved.
 

Blackpenut

Junior Member
Hmmm...

That taken into account, what federal law would keep them from using those recordings as evidence for adultery against the chief?
 

Just Blue

Senior Member
That taken into account, what federal law would keep them from using those recordings as evidence for adultery against the chief?
Federal Wire Tapping. Google is your friend!!:)

Do a "search" on this site and you will be able to read it ....
 

Blackpenut

Junior Member
More details.

So to get rid of the possible confusion:

The chief and I are in the navy. My wife is just a military dependant.
My wife and I are the only two people on the recordings talking to each other.
 

antrc170

Member
General rules of evidence are going to keep the recordings from being used against the Chief. Devils advocate...

How does the Navy know who is being referred to?
If the name is mentioned, do you know how many Chief Smith's are in the navy?
How does the Navy know that it's your wife and not someone who sounds like her?
A woman claiming to have a sexual relationship with the Chief is not enough to convict him of adultery...any other "evidence"?

(PS, Zigner...I know what you are saying, but I'm gonna have to disagree. Federal law and Military law are quite distint because while federal law asserts control over the entire populace only a certain portion are controlled under military law.)
 

Zigner

Senior Member, Non-Attorney
(PS, Zigner...I know what you are saying, but I'm gonna have to disagree. Federal law and Military law are quite distint because while federal law asserts control over the entire populace only a certain portion are controlled under military law.)
It's semantics. Military law IS a sub-set of Federal law.
 

ERAUPIKE

Senior Member
Military personnel are subject to all local, state, federal laws, and the UCMJ as the cherry on the pie. If they are in a different country they are also subject to its native laws.
Local and state laws do not trump federal law. Since the individual lives in VA, I do not think that any foreign laws would apply.

The UCMJ is Federal law or United States Code.
 

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