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Record phone conversation hold up n court?

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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?
 


stephenk

Senior Member
First, keep all of your posts in the same thread. it is difficult for people to look at different threads and try and understand what is happening.

Second, why are you still in contact with this person if they have made death threats against you? It sort of defeats the argument that you take the threats seriously if you are still speaking with the person.
 

renaldoaoa

Junior Member
Thanks for the reply:D


Gotcha,

Sorry for adding another post, but I meant this as a seperate question. I shouldnt have added that I posted before. :eek: I pretty much got my answer from the previous post that I really didnt have enough info for charges.

The contact would be my ex and her bf was the one who threatend me. My ex contacted a friend whom relayed the message that she wanted to talk about the situation. I agreed to a phoned conversation mainly because I would be recording it. I would have info that I can (hopefully) use in court. At the same time she may decide to defuse the situation herself.

The threat Im taking seriously thats why Im trying to get as much info that I can, because otherwise I only have 3 people that would testify, BUT if I had her on tape talking about what happend then to me it would have more relevance.

Still waiting for some help tho.:confused:
 

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