Can a recorded phone convo be used in court?

[needsadvice]

State: Texas

I recently sold an item to an asian gentlemen over ebay. Basically there was a big misunderstanding, he assumed I was selling something I wasn't, and I refused to give him a refund for his mistake. The thing is, he called me on his cell and claims to have asked me about the product. I thought he asked me if it was in excellent condition, but he claims he was asking me what model it was. I had a very hard time understanding him, plus I was working during our conversation. He says he's going to use this in court because he recorded it on his phone.

Is that legal? Thanks

 

[Neal1421]

State: Texas

I recently sold an item to an asian gentlemen over ebay. Basically there was a big misunderstanding, he assumed I was selling something I wasn't, and I refused to give him a refund for his mistake. The thing is, he called me on his cell and claims to have asked me about the product. I thought he asked me if it was in excellent condition, but he claims he was asking me what model it was. I had a very hard time understanding him, plus I was working during our conversation. He says he's going to use this in court because he recorded it on his phone.

Is that legal? Thanks

TX is a 1 party state when it comes to recording phone conversations which means that only one party has to consent to the recording. He has not done anything illegal but whether or not a judge will consider it in court is another story. It is completely up to the judge as to whether or not he wants to hear it.

 

[needsadvice]

TX is a 1 party state when it comes to recording phone conversations which means that only one party has to consent to the recording. He has not done anything illegal but whether or not a judge will consider it in court is another story. It is completely up to the judge as to whether or not he wants to hear it.

Even if the other guy lives in another state?

 

[Neal1421]

Even if the other guy lives in another state?

What is his state?

 

[needsadvice]

What is his state?

Florida, thanks

 

[ceara19]

If the call involved one or both parties using a cell phone, the laws are totally different. It would fall under FCC regulations and no, it is not admissable, if he tried to use it in court he could be charged for violating ferderal wiretapping laws.

 

[needsadvice]

If the call involved one or both parties using a cell phone, the laws are totally different. It would fall under FCC regulations and no, it is not admissable, if he tried to use it in court he could be charged for violating ferderal wiretapping laws.

Mine was definitely a cell, and I think his was too; the connection seemed bad. THanks

 

[stephenk]

" he could be charged for violating ferderal wiretapping laws."

Cite the applicable statute.

 

[ceara19]

" he could be charged for violating ferderal wiretapping laws."

Cite the applicable statute.

18 USC, PART I, CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS

18 USC, PART I, CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS

18 USC, PART II, CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES

47 USC, CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

These cover many of the laws regarding recording of interstate calls and recording of call involving non-standard phone conversations (ie - calls not being place and/or received through traditional land line telephonic means). There are also state laws concerning the recording of interstate calls and recording of calls made to or from cellular devices and internet phones in both the state the call was placed FROM and the state the call was placed TO. However, states will normally cede to federal authorities when the crime involves both state and federal statutes.

 

[stephenk]

are you sure those statutes involve the party that is part of the conversation recording the conversation?

 

[ceara19]

are you sure those statutes involve the party that is part of the conversation recording the conversation?

They cover both recording calls that you are a party to and recording third party calls.

I'm in Texas, a one party state. I am allowed to record any phine call I am a part of without notifying the other party as long as I reasonably believe the other party is in the state of Texas at the time of the call AND that I reasonably believe that the call is being placed and received on a land line.

If I were to knowingly record a conversation across state lines not only would I have to notify the other party, it could only be recorded using a device that emits an audible tone no less than every 15 seconds, even if the call originated in Texas.

Recording cell phone conversations falls under the same laws that govern recording private long range radio conversations, such as police band radios, instead of the laws applying to telephonic conversations.

All states have laws regarding interstate calls being recorded, but there are also federal regulations that sometimes contradict what the state laws allow (big surprise ).

Most individuals that violate these laws are not actually aware that they committed a crime, but ignorance of the law is not an acceptable defense. They are usually caught only when they try to use the recordings as evidence in a court case. There is not a huge rash of arrests and convictions for these types of offenses because in many civil cases, the presiding judge will deem the evidence inadmissable and leave it at that, unless they feel that the person was aware of the law and knowingly broke it.

In the case at hand, the OP or their attorney can inform the other party of the laws that were violated by recording the call. The threat of being reported to the authorities is usually enough for the person to drop the matter.