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Recording conversations without consent

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Valar Morghulis

Junior Member
What is the name of your state (only U.S. law)? CO

My situation has me forced to interact with someone who creepily records all of his conversations. Whether we talk on the phone or in person, it is recorded. I believe that in CO, only one party needs to give consent for a conversation to be recorded, but is there anything that I can do to prevent him from recording our conversations? Are conversations that he has recorded admissible in court?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? CO

My situation has me forced to interact with someone who creepily records all of his conversations. Whether we talk on the phone or in person, it is recorded. I believe that in CO, only one party needs to give consent for a conversation to be recorded, but is there anything that I can do to prevent him from recording our conversations? Are conversations that he has recorded admissible in court?

Stop talking to him.

Yes, conversations can be submitted as evidence.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? CO

... is there anything that I can do to prevent him from recording our conversations? Are conversations that he has recorded admissible in court?
I agree with Proserpina. The best you can do to prevent a person from recording your conversation is to not have a conversation with the person. And, if you are forced to converse with the person, be careful not to say anything you may later regret.

I also agree with Proserpina that recorded conversations can be admissible as evidence in court.

Clifford S. Fishman, a Professor of Law at The Columbia School of Law, wrote an article for the Washington Law Review (Vol. 81:473, 2006) that provides solid information on using recordings in court. The article is titled, "Recordings, Transcripts, and Translations as Evidence."

Although Part II of the article covers the complications involved when trying to submit foreign language conversations (and this does not appear to concern you), Part I goes over the basic principles of recording, and preparing a recording, for introduction as evidence in a court action.

You can access the article through the following link: http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/272/81washlrev473.pdf
 
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anearthw

Member
Is this your ex?

If so, so be it. Don't talk to him if you don't want to. You alleged abuse on his part, so he would be wise to record in case any further accusations came up at a later date.
 

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