renaldoaoa
Junior Member
What is the name of your state? South Carolina
I'm not sure if this should be posted here, but..
As in a pervious post I was asking questions reguarding 2 death threats. I am going to have contact with this person tomorrow and I have a way to record the conversation in which things will be said that would be proof positive on everything thats happend with this situation.
Looking at the law in my state, Ive found that only one person needs to know that a recording is taking place.
http://www.rcfp.org/taping/states/southcarolina.html
This I think this only means that you cant get arrested for it. So legal wise I would be safe with recording it because I would be "one" of the people on the phone and not a third party. In that reguards I dont need to say that Im recording. If Im reading it correctly.
Now according to this site ...
http://www.callcorder.com/phone-recording-law-america.htm
Evidentiary Issues
Individuals and businesses that make surreptitious recordings often do so with the expectation that the recordings will be useful as evidence. Such recordings are subject to significant barriers to use as evidence. First, if made in violation of either federal or state law, the recordings will almost certainly be inadmissible. Second, even if lawfully recorded, the tapes will be exempt from the hearsay rule and will not, in most jurisdictions, be usable for impeachment. Anyone contemplating an evidentiary use of surreptitious recordings should consult with an attorney prior to making the recording
So going by this It seems that even if I record it and it would be legal it would stand a good chance of not being able to hold up in court. Hopefully Im wrong because what would be the point to get recorded infomation for the courts but yet not be able to use it?
I mean why is it everytime you get any evidence you can never use it? Jezz you almost have to get killed to get a case against someone.
Anyone know if it works this way or is there still a possiblity to use in a criminal case?
I'm not sure if this should be posted here, but..
As in a pervious post I was asking questions reguarding 2 death threats. I am going to have contact with this person tomorrow and I have a way to record the conversation in which things will be said that would be proof positive on everything thats happend with this situation.
Looking at the law in my state, Ive found that only one person needs to know that a recording is taking place.
http://www.rcfp.org/taping/states/southcarolina.html
This I think this only means that you cant get arrested for it. So legal wise I would be safe with recording it because I would be "one" of the people on the phone and not a third party. In that reguards I dont need to say that Im recording. If Im reading it correctly.
Now according to this site ...
http://www.callcorder.com/phone-recording-law-america.htm
Evidentiary Issues
Individuals and businesses that make surreptitious recordings often do so with the expectation that the recordings will be useful as evidence. Such recordings are subject to significant barriers to use as evidence. First, if made in violation of either federal or state law, the recordings will almost certainly be inadmissible. Second, even if lawfully recorded, the tapes will be exempt from the hearsay rule and will not, in most jurisdictions, be usable for impeachment. Anyone contemplating an evidentiary use of surreptitious recordings should consult with an attorney prior to making the recording
So going by this It seems that even if I record it and it would be legal it would stand a good chance of not being able to hold up in court. Hopefully Im wrong because what would be the point to get recorded infomation for the courts but yet not be able to use it?
I mean why is it everytime you get any evidence you can never use it? Jezz you almost have to get killed to get a case against someone.
Anyone know if it works this way or is there still a possiblity to use in a criminal case?