Phone recording.

[Gaea]

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.

I see there is an misunderstanding here. It is MY phone not his phone. MY phone has the recording app on it and he knows it is there. He uses MY phone when calling some one instead of his. That is what I have the recording. I mean really, why would I put a recording app on some one else's phone?? Think about that. All call recording apps from the Play Store show that it is recording the call. The one I own is Automatic call record. Which ask for the call to be saved. Every time I got my phone back he had all ready saved it. So as I said, he agreed to it.

 

[Gaea]

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?

Yes, I turned it over all ready. The attacked happened Monday and the Detectives all ready spoke to my daughter yesterday. It just took me til today to find the app and the google account it was linked to. I have Android and I use the Automatic call recorder. Which show a red circle icon to show it is recording. I do not have it set up to auto save, so it ask at the end of every call to save or delete. And every time I got my phone back it the calls were saves. I even told him to add his wife's number to my phone so it would not record the call. And I did not know her number at the time the call was made. He gave his consent. I just wanted to know if it could be used. He and I are both mentally ill but he likes to play the "forgot" game alot. He is my brother though, legally, but we are friends.

 

[quincy]

I see there is an misunderstanding here. It is MY phone not his phone. MY phone has the recording app on it and he knows it is there. He uses MY phone when calling some one instead of his. That is what I have the recording. I mean really, why would I put a recording app on some one else's phone?? Think about that. All call recording apps from the Play Store show that it is recording the call. The one I own is Automatic call record. Which ask for the call to be saved. Every time I got my phone back he had all ready saved it. So as I said, he agreed to it.

No, there is no misunderstanding. We all understand that it is your phone with the recording app.

The problem, however, is that if someone uses your phone and they do not know their call is being recorded, you are recording their call on your phone illegally. They MUST know the call is being recorded and that they are recording the person they are speaking to.

If I have my apps correct, when your app is used a red dot appears that shows the call is being recorded and when you hang up the phone, there is a notification bar that show the recent call. This call can be played, saved or deleted. It would be hard for anyone to record a phone call without knowing they were recording the call.

I agree with you that it appears your brother knew he was recording his call and he took the extra step of saving it, which also indicates his consent.

edit to add:

I see that I have the right app. Thanks for including that information.

It appears that the phone conversation that was recorded might be helpful to the police. Good luck, Gaea.

 

[Starofservice]

yes right it's evidence to show a police if you have recorded any conversation in you phone .

 

[quincy]

Seeing as how Starofservice saw fit to revive this thread from May to add his words of dubious wisdom, I will add to this thread two links, the first to the New York Recording Laws (from the Digital Media Law Project site), and the second to the Federal Rules of Evidence, Rule 901, Authenticating or Identifying Evidence (from Cornell University Law School's Legal Information Institute):

http://www.dmlp.org/legal-guide/new-york-recording-law

https://www.law.cornell.edu/rules/fre/rule_901

Because Gaea already turned over the recorded phone conversation to the police, the police will either use it or not to support whatever needs supporting.