Can I record someone without them knowing and have it admisable?

[cyberpunx]

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

I lent a guitar amp and case to a "friend" so he could learn to play. His mother in law informed me that my items were "stolen". After getting suspicious that they didn't even call the police, I checked craigslist and found the items listed with his wife's cell phone number. Can I record them and at least get it out that they had the items in their pocession? They can just say what guitar? What do I have to prove? Thanks in advance.

 

[sandyclaus]

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

I lent a guitar amp and case to a "friend" so he could learn to play. His mother in law informed me that my items were "stolen". After getting suspicious that they didn't even call the police, I checked craigslist and found the items listed with his wife's cell phone number. Can I record them and at least get it out that they had the items in their pocession? They can just say what guitar? What do I have to prove? Thanks in advance.

It all depends on whether you live in a one-party state or an ALL-party state. What I mean by that is that state laws vary on whether or not it is legally permissible to record a private conversation based on whether ONE party consents or if it requires that ALL parties consent before it becomes legally permissible.

Unfortunately for you, California is an ALL-party state. That means ALL parties to the conversation must consent to it being recorded, and it's illegal if you don't get everyone's permission. There are even severe civil and criminal penalties for doing so without obtaining all parties' permission. (California Penal Code sections 631 and 632 make it a misdemeanor punishable by a fine of up to $2,500 and/or 1 year in state prison. Also, any illegal tape recording you make can not be used as evidence in a court of law.)

I suggest that you find your evidence another way. Perhaps sending another friend this person doesn't know to try to purchase the allegedly stolen items? Or just reporting the theft to the police with the evidence you already have. That might be enough to obtain a warrant and investigate further.

 

[Free_Advice]

Just put it on speaker phone so another witness can hear it .. then you dont need a recording. And no, you do not have to tell a caller that another person is listening ...

 

[Mass_Shyster]

Also, any illegal tape recording you make can not be used as evidence in a court of law.

I've been looking for some verification of this.

The exclusionary rule was implemented to punish bad behavior by the police. Prior to that, the prosecution could use any evidence, illegally obtained or not, against the defendant. The defendant's only recourse was to sue the police for violating his/her rights. A criminal prosecutor CAN use evidence illegally obtained by a private citizen as long as that citizen was not acting as an agent of the police.

I understand the penalties are pretty harsh for an illegal wiretap, but I still haven't found any holding that it will be excluded as evidence.