• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Taping without consent???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? pennsylvania

I was charged with interception of communications title 18 section 5703. In pennsylvania the law states all parties have to consent but pennsylvania v mcivor 670 A. 2d 697 (Pa. super.ct.1996) states a trial court has held that a communication protected by the legislation is one in which there is an expectation that it will not be recordedrather that one in which there is a general expection of privacy. thus the fact that a participant may believe he will have to reveal the contents of a communication does not necessarily mean that he would have expected that it would be recorded , and it is the expectation that it would not be recorded that triggers the wiretapping laws protection.

In my case the tape recorder was in plain view she knew it was being taped cause the tape has her saying stop recording me. now if the law states theres an expection the conversation would not be taped, does that mean she could not have expected it to not be taped if there was a recorder in plain view with the record button pushed in? how could she not have expected it to not be taped?

also i read some states ruled tape recorders are exempt from the electronic devices designed to intercept communications cause they do not transmit signals to another location. does anybody have any information about those states and rulings?
 


BelizeBreeze

Senior Member
pittsmark6 said:
What is the name of your state? pennsylvania

In my case the tape recorder was in plain view she knew it was being taped cause the tape has her saying stop recording me.
And that is all the District Attorney needs to substantiate the charges against you.
 
thats all the da needs?

theres a point of origin and a point of destination. interception is defined as recieving that conversation between or up to those two points and then sending them someplace else as if somebody that wasn't there made a cell phone call to somebody, never hung up and then hid that phone in the same room and left with the phone still there. the law is interception, disclosure of or use of oral communications. if your saying you can't record a conversation with a tape recorder in plain view then your also agreeing that your brain isn't allowed to remember, or your ears aren't allowed to intercept the conversation right. what if she was saying stop listening to me without the recorder and kept yelling it? would i then be charged with the same crime?
 
2005 laws

anyway i'm not that conserned about the charges against me right now as i think i have them beat.what i would like to know is if anybody knows where there are any links to the new laws? the link i have to my state laws are over
6 years old i think it said and those laws expired 12-31-04 unless continued by order of the court. I want to know if they are still the same laws so i can file a civil action to recover damages that the older law says i can.
 

BelizeBreeze

Senior Member
pittsmark6 said:
theres a point of origin and a point of destination. interception is defined as recieving that conversation between or up to those two points and then sending them someplace else as if somebody that wasn't there made a cell phone call to somebody, never hung up and then hid that phone in the same room and left with the phone still there. the law is interception, disclosure of or use of oral communications. if your saying you can't record a conversation with a tape recorder in plain view then your also agreeing that your brain isn't allowed to remember, or your ears aren't allowed to intercept the conversation right. what if she was saying stop listening to me without the recorder and kept yelling it? would i then be charged with the same crime?
If you are really this stupid then there's no help for you that you'd listen to.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top