wiretapping

[dreemsickle]

This is my first post and may be in the wrong place, sorrry if it is. I live in NC and had a falling out with someone I thought to be a friend. She left me a voicemail today notifying me she had taped conversations of me saying I was considering doing certain things. The things she mentioned would be illegal if I actually carried them out but I was just joking and making small talk with somoene I considered a friend. Was it legal for her to tape our phone conversations without telling me first?

 

[OhBullship]

That would depend on the State where you live. In most places the consent of only one party is required to tape a conversation. The taping party can give consent, so you would be screwed, except in a handful of places.

What is your friend wanting to do with these tapes? If you live in a place that allows taping, you can buy a recording device for about $20. Get your friend to threaten you with these recordings in exchange for something, while you are recording, then turn your friend in for attempting to blackmail you

That is oversimplified, but you get the idea.

 

[OhBullship]

It looks like North Carolina has one party consent.

Lookie here:

http://www.rcfp.org/taping/

 

[dreemsickle]

We live in NC. I'm not really sure why she taped them in the first place, she didn't get pissed at me till the other day and we haven't spoken since so she taped me when I thought things were cool. Call me crazy or naive but I don't go around taping conversations with people I consider friends. Oh well, I'll look into the taping devices and see about turning this around on her. It's not like I've done anything wrong. I didn't conspire with anyone or solicit her to commit any crimes, nor did I do or make plans to do any of the things I talked about. I was just talking about random thoughts. I tried reading the NC G.S but it didn't make much sense. lol

 

[dreemsickle]

Thanks for the info

 

[OhBullship]

Don't make threats though. You are either going to turn the tapes over, or you are not.

I know what you are saying. I would not think to tape my friends either, and I certainly would not expect to be taped in a friendly conversation.

 

[dreemsickle]

I won't. I think it's kind of stupid especially since she didn't have any motivation, that I know of, to tape them in the first place.

 

[OhBullship]

I have had a few conversations with friends that could haunt me in the wrong light, so I can understand what you might be thinking.

Unless the conversations were criminal, or what you were saying was truly horrific, it isn't likely to cause you a whole lot of trouble. I don't know what was said, so I cannot say with certainty. I have an on-going storyline with my best friend. It includes bumping off several people, although neither of us would ever follow through, we have fun talking about it.

 

[BelizeBreeze]

The fact that you live in North Carolina is immaterial to whether or not the actual taping of the conversations was legal. If the person who did the taping also lives in a one-party state then yes, they were legally obtained. If the other party lives in an all-party state, then no, they were not obtained legally.

HOWEVER, whether or not they are 'evidence' is a matter of fact for a judge to decide if it comes to That. The salient point is, a person cannot be held criminally liable for speech without intent to incite or carry out the specific threat.