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police recording

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loganstryfe

Junior Member
I live in florida and I wanted to know if I am currently under investigation can the police tape record my phone conversations on my cell phone without my consent?

thanks
 


LawGirl10

Member
I don't remember if this is U.S. Supreme court case law or if it is a state ruling but they can record your conversations if the other party to your communication lets them. Only one party needs to be notified.

Since I can't remember right now which case it is, it might not apply to your particular state and even if it is a U.S. Supreme Court ruling, your state may provide more protection.
 

BelizeBreeze

Senior Member
LawGirl10 said:
I don't remember if this is U.S. Supreme court case law or if it is a state ruling but they can record your conversations if the other party to your communication lets them. Only one party needs to be notified.

Since I can't remember right now which case it is, it might not apply to your particular state and even if it is a U.S. Supreme Court ruling, your state may provide more protection.
If the police ask the other party to record the conversations then a warrant is still required. It's called agency and has the same requirements as if the police themselves are doing the recording.

IF the other party recorded the conversations and handed them over to the police, then no agency exists and the recordings are legal based solely on the facts presented.
 

LawGirl10

Member
BelizeBreeze said:
If the police ask the other party to record the conversations then a warrant is still required. It's called agency and has the same requirements as if the police themselves are doing the recording.

IF the other party recorded the conversations and handed them over to the police, then no agency exists and the recordings are legal based solely on the facts presented.
Forgot about that. Thank you for the correction.
 

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