Phone recording.

[Gaea]

What is the name of your state (only U.S. law)? New York (I all ready know that my state is a one party state but I was not on the call.)

I downloaded an app to the my smartphone for recording calls. The person who used my phone several times after the app was loaded to my phone knows about it but will probably say he did not. I told him that he agrees and gives his consent to be recorded when he takes my phone to make a call. I downloaded the app to use for personal reasons. Plus he saw me downloading the app, we went to school together. Can I use the recorded call in court to speak to his character?

 

[quincy]

What is the name of your state (only U.S. law)? New York (I all ready know that my state is a one party state but I was not on the call.)

I downloaded an app to the my smartphone for recording calls. The person who used my phone several times after the app was loaded to my phone knows about it but will probably say he did not. I told him that he agrees and gives his consent to be recorded when he takes my phone to make a call. I downloaded the app to use for personal reasons. Plus he saw me downloading the app, we went to school together. Can I use the recorded call in court to speak to his character?

Your question has to do with personal injury and wrongful death in what way?

There is much that needs to be known before anyone can tell you if the recorded call can be used as evidence in court. It is possible.

 

[Gaea]

The person in question attacked my daughter. And from what I heard in the recording is that it possibly happened before with the person's girlfriend.

 

[quincy]

The person in question attacked my daughter. And from what I heard in the recording is that it possibly happened before with the person's girlfriend.

Was the person in question arrested for attacking your daughter? Has he been charged with the crime? Have you thought of turning your phone over to the police/prosecutor to help support their case against this fellow?

 

[Ohiogal]

That recording you made is illegal. You were not a party to the telephone conversation. Nor did you have a warrant. You broke the law.

 

[quincy]

That recording you made is illegal. You were not a party to the telephone conversation. Nor did you have a warrant. You broke the law.

I think this might not be quite so clear-cut as that, Ohiogal, under the facts as presented - although I am sure it could/would be argued by the friend that the recording was illegal.

It is not illegal for Gaea's friend to record his own conversation (assuming the party he recorded was in New York or had consented to the recording) and it is not illegal for Gaea's friend to turn over to Gaea the recorded conversation. The tricky part would be proving that Gaea's friend knew that the phone had a recording app and that he was recording his own phone conversation and, with this knowledge, still willingly turned over the recording to Gaea.

I will see if I can support this with anything of legal substance, though, and get back to the thread later.

 

[Ohiogal]

I think this might not be quite so clear-cut as that, Ohiogal, under the facts as presented - although I am sure it could/would be argued by the friend that the recording was illegal.

It is not illegal for Gaea's friend to record his own conversation (assuming the party he recorded was in New York or had consented to the recording) and it is not illegal for Gaea's friend to turn over to Gaea the recorded conversation. The tricky part would be proving that Gaea's friend knew that the phone had a recording app and that he was recording his own phone conversation and, with this knowledge, still willingly turned over the recording to Gaea.

I will see if I can support this with anything of legal substance, though, and get back to the thread later.

Unless there is a notice on the phone when a call is made that it is recorded and by making a call said individuals consent to the recording, SHE cannot be recording calls.

 

[quincy]

Unless there is a notice on the phone when a call is made that it is recorded and by making a call said individuals consent to the recording, SHE cannot be recording calls.

Why?

In New York, anyone can record their own phone conversations without notifying the other party that the call is being recorded (as long as the other party is in New York, in a one-party-consent state, or has consented to being recorded), so the phone call recorded by Gaea's friend is not illegal as long as Gaea's friend was aware he was recording his own call.

And, as long as Gaea's friend knew of the app on Gaea's phone and that his call would be recorded by him because of the phone app, Gaea did not illegally intercept the phone call or illegally record the exchange.

Again, however, there must be proof that Gaea's friend consented to having his phone conversation recorded by Gaea's phone app by being aware of the app's existence on the phone. This could be easy or it could be hard, depending on the type of call recording app on Gaea's phone. Some apps have red-light indicators that show a call is being recorded. Many require the caller to press certain buttons or input certain information before a call will be recorded. Others will email the recording after an email address is entered. Other apps have beep tones. And at least one app notifies both parties at the start of a call that the call is being recorded. It may be hard for either the user of the phone or the recipient of a phone call to claim they were surreptitiously recorded, in other words.

I will see if there is anything else I can find that could potentially support the use of the recording as evidence. I may be way off. It happens sometimes that I am.

 

[Gaea]

Why?

In New York, anyone can record their own phone conversations without notifying the other party that the call is being recorded (as long as the other party is in New York, in a one-party-consent state, or has consented to being recorded), so the phone call recorded by Gaea's friend is not illegal as long as Gaea's friend was aware he was recording his own call.

And, as long as Gaea's friend knew of the app on Gaea's phone and that his call would be recorded by him because of the phone app, Gaea did not illegally intercept the phone call or illegally record the exchange.

Again, however, there must be proof that Gaea's friend consented to having his phone conversation recorded by Gaea's phone app by being aware of the app's existence on the phone. This could be easy or it could be hard, depending on the type of call recording app on Gaea's phone. Some apps have red-light indicators that show a call is being recorded. Many require the caller to press certain buttons or input certain information before a call will be recorded. Others will email the recording after an email address is entered. Other apps have beep tones. And at least one app notifies both parties at the start of a call that the call is being recorded. It may be hard for either the user of the phone or the recipient of a phone call to claim they were surreptitiously recorded, in other words.

I will see if there is anything else I can find that could potentially support the use of the recording as evidence. I may be way off. It happens sometimes that I am.

Yes, he knew my phone had the recording app on it. He saw me put it on there and turn it on. I told him by using my phone you consent to being record. He had his own phone and access to the school's phone but he choose mines. By using my phone it was a non-verbal consent. He agreed to it before hand. And the case just open, I cannot speak on it as you know. I all ready turned the recording over an hour ago. Every one in question lives in NYS.

 

[Gaea]

That recording you made is illegal. You were not a party to the telephone conversation. Nor did you have a warrant. You broke the law.

It is not illegal. I live in NYS, a one-party state. Only I need to know. I got the app to use for personal reasons like I said before. I will only be using it in court to speak to my adopted brother's character. Which he agreed to and consented by using my phone when he had his own and access to a phone at our school.

 

[quincy]

Yes, he knew my phone had the recording app on it. He saw me put it on there and turn it on. I told him by using my phone you consent to being record. He had his own phone and access to the school's phone but he choose mines. By using my phone it was a non-verbal consent. He agreed to it before hand. And the case just open, I cannot speak on it as you know. I all ready turned the recording over an hour ago. Every one in question lives in NYS.

If you turned the recording over to the police already then I guess you will find out soon enough whether the recording can be used as evidence.

What recording app did you use on your phone?

 

[Zigner]

It is not illegal. I live in NYS, a one-party state. Only I need to know. I got the app to use for personal reasons like I said before. I will only be using it in court to speak to my adopted brother's character. Which he agreed to and consented by using my phone when he had his own and access to a phone at our school.

One person who is a party to the conversation must consent. You have no way to prove that any party to the conversation gave consent.

 

[quincy]

It is not illegal. I live in NYS, a one-party state. Only I need to know. I got the app to use for personal reasons like I said before. I will only be using it in court to speak to my adopted brother's character. Which he agreed to and consented by using my phone when he had his own and access to a phone at our school.

Actually, anyone who uses your phone needs to know that their call is being recorded and that they, in turn, are recording their recipient's call.

If you did NOT let the user of your phone know of the recording app then the recording would be illegal. That was the issue Ohiogal was addressing. You would be recording surreptitiously conversations to which you were not a party. If one of the parties to the conversation is aware that their conversation is being recorded, however, in New York that would be enough to make the recording itself legal.

 

[Zigner]

Actually, anyone who uses your phone needs to know that their call is being recorded and that they, in turn, are recording their recipient's call.

If you did NOT let the user of your phone know of the recording app then the recording would be illegal. That was the issue Ohiogal was addressing. You would be recording surreptitiously conversations to which you were not a party. If one of the parties to the conversation is aware that their conversation is being recorded, however, in New York that would be enough to make the recording itself legal.

"It's not what you know...it's what you can prove."

 

[quincy]

"It's not what you know...it's what you can prove."

Right. That is why I have asked what recording app Gaea has on his phone. With some apps, it would be pretty hard to claim you did not know you were recording not only your words but the words of the person you called. This makes proof easier.

If, for example, you use PhoneTap, both the person calling and the person called are informed the call is being recorded. If you use GoogleVoice, you must press the number 4 while the call is ongoing - and only incoming calls can be recorded. Other apps have beeps or red lights indicating the call is being recorded.

Depending on the app, therefore, the friend of Gaea might have an awfully hard time claiming he did not know he was recording his own phone call. If he knew he was recording his conversation, the recording would be legal. If Gaea is provided a legally recorded recording, the recording can (potentially and depending on all facts) be used as evidence.