Quick Question "One Party Consent" Law (Recording Phone Converstations)

What is the name of your state (only U.S. law)? North Carolina

Made this easier by finding some information on my own, however I am confused about what "One Party Consent" actually implies.

N.C. Gen Stat. §15A-287(a) It is lawful to intercept a communication with the consent of one party to the communication.

More Information can be found here:

North Carolina Recording Law | Citizen Media Law Project

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Does "One Party Consent" allow me the right (legally) to record a telephone conversation without informing the other party on the phone (before or after the call)?

Example: "Hello, I am recording this phone call Michael" ... "Michael I have recorded our conversation, Good-Bye"

PS: I am trying to help a female friend of mine who is about to go through a divorce and a child custody case. I will ask further questions on this matter in the Family Law section.

Thank you -

Regards,
William

North Carolina is a one party state. If you are on a call someone (and they are not themselves in a two party state), then you can record the call yourself. You do not need to tell them.

Of course, that presumes you are a party to the conversation. This doesn't give you the right to tap someone's phone.

Thank you Ron for your answer. I appreciate it!

Regards,
William

Tap as in "Recording"? Same thing?

Also, has the law changed with recording laws in regards to land-line via wireless devices such as cell phones.

At this point however, it's useless because she filed a Chapter 50B (Protective Order) against her separated husband and can not have any contact with him. CPS is coming to the home this Monday. I'm hoping they can be of help. But I've been told by people CPS can be more of a interruption and hinder in situations such as these.

He's a Raleigh Police Officer (detective) so he has the upper hand as in knowing the ins and outs if you know what I mean.

Legal Aid hasn't been any help. I feel worthless because of my financial situation along with hers. I wish I could give her more answers. With money and children (more the children sake) being involved here, this is killing us both. We can not afford an attorney. Not even a consolation fee up to this point. Her court date over custody is this Tuesday. Seems it's all happening so fast. I don't know if she's even eligible for a continuance.

Confused as HELL and WORRIED. I apologize for the double post and getting off topic. Maybe the moderators can move this to the family law section?

Regards,
William

williamv said:

Tap as in "Recording"? Same thing?

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I was referring to the person doing the recording being neither the called or calling party. I.e., you can't just record all the calls on a phone, even if it is your own, if you aren't one of parties to the conversation.

Also, has the law changed with recording laws in regards to land-line via wireless devices such as cell phones.

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No. As far as this law is concerned all cell phones, cordless phones, etc... are the same thing. As far as INTERCEPTING other communications, it is all illegal, and wired and cellular are treated the same. There's a lesser penalty for cordless phones.