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Recording Teenage Phone Conversation

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Richro65

Junior Member
What is the name of your state? WISCONSIN

My 16 year old daughter has been involved with a teenage boy that has anger management issues. Because of several incidents where the police were called, a no contact order is in effect for the two of them. Still, I suspect that they have been sneaking around to see each other. I am a single parent with a full time job so I can't possibly keep tabs on her every move.

I purchased a simple telephone recorder device and I have a couple recordings of conversations between the two of them. My question is, is a telephone recording admissible as evidence in the case against this boy? The pending charges against him were dropped on the condition that he stays out of trouble for a year and this phone recording could put him in juvenile jail where I believe he belongs.

I understand that it is unlawful to record a telephone conversation between two people if they are not aware that they are being recorded but does this apply to minors as well?

ThanksWhat is the name of your state?
 


fairisfair

Senior Member
What is the name of your state? WISCONSIN

My 16 year old daughter has been involved with a teenage boy that has anger management issues. Because of several incidents where the police were called, a no contact order is in effect for the two of them. Still, I suspect that they have been sneaking around to see each other. I am a single parent with a full time job so I can't possibly keep tabs on her every move.

I purchased a simple telephone recorder device and I have a couple recordings of conversations between the two of them. My question is, is a telephone recording admissible as evidence in the case against this boy? The pending charges against him were dropped on the condition that he stays out of trouble for a year and this phone recording could put him in juvenile jail where I believe he belongs.

I understand that it is unlawful to record a telephone conversation between two people if they are not aware that they are being recorded but does this apply to minors as well?

ThanksWhat is the name of your state?

well of course HE belongs in jail for talking to her. She of course is totally innocent.:rolleyes:
 

fairisfair

Senior Member
That's right. And talking = jail.

While we're at it, I see Dad is a psychiatrist as well, entirely qualified to pronounce diagnosis on the bf. ;)
could be mom. . . . . .

I find this interesting. . .
"a no contact order is in effect for the two of them"

So wouldn't that handy dandy little recording show Princess in violation of the TRO as well???
 

Silverplum

Senior Member
could be mom. . . . . .

I find this interesting. . .
"a no contact order is in effect for the two of them"

So wouldn't that handy dandy little recording show Princess in violation of the TRO as well???
True. I was ass-uming based on the handle. :eek:

Yes, the recording would burn Princess, too. ;) And here's the law about it:
Wis. Stat Ann. §§968.31(c) &885.365(1)
It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication. But, another section of the Wisconsin code states that evidence obtained by recording telephone conversations shall be totally inadmissible in civil actions in the courts of Wisconsin.
http://www.aapsonline.org/judicial/telephone.htm

Did you see the link there ^^^^? I like to provide links. :p
 

Richro65

Junior Member
It is lawful to intercept a communication if one is a party to the communication or has received the prior consent of a party to the communication.
This was my big question mark. I did look up this law but I was wondering if my consent to the recording is considered legal consent being that the child is a minor and I'm her legal guardian.

Never said that my daughter was an angel, she absolutely isn't. She was just recently grounded for a week for sneaking out of the house late at night (obviously to see this boy).

"a no contact order is in effect for the two of them"
All of the charges from previous incidents are against him, the most recent being an incident where he shoved her against a locker at school in September. He was expelled and the no contact order was invoked. I don't know if SHE can get in trouble for talking to him, BUT if she does it's fine with me and maybe it will open her eyes. She's like the typical battered wife that defends her husband. She has been lectured time and again and forbidden to see this jerk since before summer but she continues to sneak around. I thought that she was through with him a while back because she got involved with a new circle of friends but some recent behavior brought up suspicion and the phone calls confirmed it.

BTW, I am the mother...

Thanks for your replies
 

Ohiogal

Queen Bee
This was my big question mark. I did look up this law but I was wondering if my consent to the recording is considered legal consent being that the child is a minor and I'm her legal guardian.
NO. You broke the law. It is very likely a felony but good trying. YOU ARE NOT ALLOWED TO RECORD A PHONE CONVERSATION TO WHICH YOU ARE NOT A PARTY.

Never said that my daughter was an angel, she absolutely isn't. She was just recently grounded for a week for sneaking out of the house late at night (obviously to see this boy).

Oh obviously.

All of the charges from previous incidents are against him, the most recent being an incident where he shoved her against a locker at school in September. He was expelled and the no contact order was invoked. I don't know if SHE can get in trouble for talking to him, BUT if she does it's fine with me and maybe it will open her eyes. She's like the typical battered wife that defends her husband. She has been lectured time and again and forbidden to see this jerk since before summer but she continues to sneak around. I thought that she was through with him a while back because she got involved with a new circle of friends but some recent behavior brought up suspicion and the phone calls confirmed it.
And you broke the law to confirm it.

BTW, I am the mother...

OKay. Well you need to do a better job of grounding her. Time to remove sweetie from the garden of eden.
 

Richro65

Junior Member
It seems that the laws are strange on something like that. How is it that it's legal to hide a video camera and video tape someone's activity without their consent but it's a violation of their rights if you do it over a telephone? Does it have something to do with the FCC?
 

Ohiogal

Queen Bee
It seems that the laws are strange on something like that. How is it that it's legal to hide a video camera and video tape someone's activity without their consent but it's a violation of their rights if you do it over a telephone? Does it have something to do with the FCC?
It has to do with AUDIO.
 

Richro65

Junior Member
Video cameras record audio as well. So are you saying that it's also illegal to plant a hidden audio recorder somewhere in a room but not a video recorder?

A teen without a phone, calls no one they aren't supposed to.
You can't ban a teen from the phone for life, especially based on evidence that was gotten using an illegal means. Believe me, she's been punished a number of times regarding this boyfriend and everytime she gets caught they just find a way to be more sneaky about it. She was grounded for a week without phone and I found out that her friends at school were letting her use their cell phones to text and call him.

The law has let this idiot off twice now with a slap on the wrist and a probationary period under the condition that he stays away from her. If I can prove they're still involved, he could go to juvenile jail for possibly a year. I have the proof in my hands but as usual, it's the law protecting the rights of the criminal.

Like I said, she's no angel and she needs some kind of counseling about this relationship. She wouldn't listen to the preaching of my sister who was in an abusive marriage for 5 years. She will be sent to counseling eventually but I'm hoping to get him out of the picture first. Her father is being of little to no help with this situation. He always has some excuse why he can't spend time with her when I can't be around to keep an eye on her.

I could go on and on but that's a different thread altogether...
 
I'd post a conspicuous sign near each phone stating: "Use of this telephone constitutes consent to allow electronic monitoring and/or recording" or simply "Your phone calls will be recorded". Then, anyone in the house will be consenting to have his/her calls recorded.
 

Ohiogal

Queen Bee
Video cameras record audio as well. So are you saying that it's also illegal to plant a hidden audio recorder somewhere in a room but not a video recorder?



You can't ban a teen from the phone for life, especially based on evidence that was gotten using an illegal means. Believe me, she's been punished a number of times regarding this boyfriend and everytime she gets caught they just find a way to be more sneaky about it. She was grounded for a week without phone and I found out that her friends at school were letting her use their cell phones to text and call him.

The law has let this idiot off twice now with a slap on the wrist and a probationary period under the condition that he stays away from her. If I can prove they're still involved, he could go to juvenile jail for possibly a year. I have the proof in my hands but as usual, it's the law protecting the rights of the criminal.

Like I said, she's no angel and she needs some kind of counseling about this relationship. She wouldn't listen to the preaching of my sister who was in an abusive marriage for 5 years. She will be sent to counseling eventually but I'm hoping to get him out of the picture first. Her father is being of little to no help with this situation. He always has some excuse why he can't spend time with her when I can't be around to keep an eye on her.

I could go on and on but that's a different thread altogether...
YOu cannot record audio. Even on a video camera. You just can't legally do it without consent. Understand? The laws protect everyone. And you here are also a criminal. Rather than going after him, deal with your daughter. Seriously. Turn your attention from HIM to her.
 

Ohiogal

Queen Bee
I'd post a conspicuous sign near each phone stating: "Use of this telephone constitutes consent to allow electronic monitoring and/or recording" or simply "Your phone calls will be recorded". Then, anyone in the house will be consenting to have his/her calls recorded.
MINORS CANNOT CONSENT. Won't work. Illegal. You cannot legally tap a phone. Can't do it.
 

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