Regarding recorded conversations

[stepmom04]

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


This regarding the post about the legality of recording cell phone converstations. This post was closed and this one that I'm posting...will most likely be closed too.

People are coming here for legal advice...and I would hope those that are on their pedestal that their info is only right...whether it is proven wrong are actually attorneys giving this advice.

Silverplum...bash if you want. The link that you sent says

(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.


Shall not be unlawful....Therefore, I feel that you read this incorrectly. The OP can take your advice, but I'd recommened that she checks with her attorney, because IMO you are wrong.

 

[Silverplum]

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


This regarding the post about the legality of recording cell phone converstations. This post was closed and this one that I'm posting...will most likely be closed too.

People are coming here for legal advice...and I would hope those that are on their pedestal that their info is only right...whether it is proven wrong are actually attorneys giving this advice.

Silverplum...bash if you want. The link that you sent says

(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.


Shall not be unlawful....Therefore, I feel that you read this incorrectly. The OP can take your advice, but I'd recommened that she checks with her attorney, because IMO you are wrong.

You're reading it incorrectly. I don't know how many more times I can tell you. Perhaps you'd like to hear from someone besides me.

Just to be nice, I bolded the part you don't "get."

Someday, you might regret writing about me in the manner you did here.

 

[stepmom04]

I was unaware that her conversation with the parent was intercepting for the purpose of committing any criminal or tortuios act.

 

[Silverplum]

I was unaware that her conversation with the parent was intercepting for the purpose of committing any criminal or tortuios act.

What. Ever.

The point is, read the whole thing.

 

[stepmom04]

I did. I disagree with you.

I'm not saying that your advice on some things aren't correct and on point. I'm just saying..I think you are wrong. Nor am I attacking you. I'd like for the lady to get the correct legal advice.

I am not nor do I attempt to make up anything. I can only post from my experience. I will admit when I am wrong...and I have in this forum.

 

[Zigner]

So you don't think that recording the conversation in order to justify the violation of a court order would be a problem huh?

 

[mike_lee]

I puzzled on that one myself. What I came up with it's not illegal but it isn't going to be allowed in court. The exception might be the conversation was inadvertently captured by some other means.

But it seems like there was a precedent set in the 50's over bugging a jail cell. At any rate I'm not tearing you down, but the law is complicated. An enormous patchwork of contradictory rulings. We have so many laws in America no one has been able to count them in years.

 

[stepmom04]

I don't know. I'd love to know. Are you attorney? Do you think it would be?

I'm just saying that is how I read everything that I found regarding taping conversations.

 

[stepmom04]

I puzzled on that one myself. What I came up with it's not illegal but it isn't going to be allowed in court. The exception might be the conversation was inadvertently captured by some other means.

But it seems like there was a precedent set in the 50's over bugging a jail cell. At any rate I'm not tearing you down, but the law is complicated. An enormous patchwork of contradictory rulings. We have so many laws in America no one has been able to count them in years.

I agree it seems to be a thin line.

A few years ago, my husband used recorded conversations in his hearing regarding custody.

 

[Humusluvr]

I did. I disagree with you.

I'm not saying that your advice on some things aren't correct and on point. I'm just saying..I think you are wrong. Nor am I attacking you. I'd like for the lady to get the correct legal advice.

I am not nor do I attempt to make up anything. I can only post from my experience. I will admit when I am wrong...and I have in this forum.

Stepmom -

Its one thing to debate. Its another to ASK for advice.

But, you better be REAL REAL REAL careful when GIVING advice - especially on a legal forum, if you are not well versed in the legalities of each state.

Any of us can Google, and we all do, but you need to refrain from telling someone what to do when it could be ILLEGAL. Do you see how much damage you could be doing? Can you accept that you could be setting someone up to do something that could have their chi8ldren removed from them or be thrown in jail?

You just joined 6/24. And you already have almost 100 posts. Why don't you read for at least three more months before you offer advice to people? I didn't offer advice til I had been here 6 months, and had asked all my own questions.

Just a word to the wise.

 

[Just Blue]

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


This regarding the post about the legality of recording cell phone converstations. This post was closed and this one that I'm posting...will most likely be closed too.

People are coming here for legal advice...and I would hope those that are on their pedestal that their info is only right...whether it is proven wrong are actually attorneys giving this advice.

Silverplum...bash if you want. The link that you sent says

(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.


Shall not be unlawful....Therefore, I feel that you read this incorrectly. The OP can take your advice, but I'd recommened that she checks with her attorney, because IMO you are wrong.

Do you have a reading comprehension problem?? Do you understand what a "tortious" act is??

 

[stepmom04]

Stepmom -

Its one thing to debate. Its another to ASK for advice.

But, you better be REAL REAL REAL careful when GIVING advice - especially on a legal forum, if you are not well versed in the legalities of each state.

Any of us can Google, and we all do, but you need to refrain from telling someone what to do when it could be ILLEGAL. Do you see how much damage you could be doing? Can you accept that you could be setting someone up to do something that could have their chi8ldren removed from them or be thrown in jail?

You just joined 6/24. And you already have almost 100 posts. Why don't you read for at least three more months before you offer advice to people? I didn't offer advice til I had been here 6 months, and had asked all my own questions.

Just a word to the wise.

My advice for the person was for her to ask her attorney. I'm not trying give legal advice. I give my experience. And usually say..I'm not lawyer.

DO you have a clue about the law from recorded conversations? I'd like to hear from someone does. I'd like for the law to be explained to me by someone that does actually know the law.

I don't wish to bash...or hinder anyone. I'd like know myself.

 

[Bloopy]

Shall not be unlawful... UNLESS... purpose of committing any criminal or tortious act

A tortuous act: Would be going to court over a breach of contract for which relief may be obtained in the form of damages or an injunction.

As in trying to use the recording as evidence for contempt charges. It means that recording someone to use it against them in court is illegal.

Sure, you knew what MOST of the words meant. I can see why you’d be confused. But why are you arguing when you haven’t taken the time to pull out the big fat dictionary?

 

[Just Blue]

Yesterday, 01:44 PM
brandiegiuffre
Member Join Date: Jul 2006
Location: Arkansas
Posts: 44

no I can't get a court date before the visit, but I can prove it.

I have a taped conversation (my state is a one party state so I can record with just my consent)

Post 3.

Stop advising.

 

[Humusluvr]

My advice for the person was for her to ask her attorney. I'm not trying give legal advice. I give my experience. And usually say..I'm not lawyer.

DO you have a clue about the law from recorded conversations? I'd like to hear from someone does. I'd like for the law to be explained to me by someone that does actually know the law.

I don't wish to bash...or hinder anyone. I'd like know myself.

Nope. I don't have a clue on those laws. THATS WHY I'M NOT GIVING ADVICE. WHY DONT YOU TRY THAT before someone gets in trouble????