Cross state wire-tapping laws

[pa1981]

What is the name of your state? PA

I'm unsure of whether there is a better forum for this, but it relates to my custody case so I can only think of putting it here.

My state does not allow recording of phone conversations for any reason. It's not so much an "admissible" issue as much as you are in deep s*** for even making the recording.

Ex's state allows recording as long as one party is aware of the situation.

Our custody case is in my state (pa). Will PA courts refuse to hear any recordings even if they were made in a state that allows them to be made? Would both ends of the conversation have to take place in the pro-recording state, as oppossed to just ex being in the pro-recording state? How do cell phones play into this, as in if I am over state lines and can prove it through cell tower records do I fall under the laws of the state I am in? Would I be under PA wire-tapping laws even if I called from a land-line in the other state just because I am a resident here or because the case is here?

Any help would be wonderful...even a link. I already have the link to the place that says what the laws ARE by state, it just doesn't help much with the cross-state and technology issues.

Thanks!

 

[Ohiogal]

Don't do it because you are in PA and dealing with PA courts and PA laws.

 

[pa1981]

Damn. Thank you anyway. I suspected as much but I don't deal with the courts often and figured it was worth asking before getting in trouble.

 

[Zephyr]

it's always worth asking BEFORE.....

 

[LdiJ]

Damn. Thank you anyway. I suspected as much but I don't deal with the courts often and figured it was worth asking before getting in trouble.

There is one very small exception to that. If you record the call and do not do anything with it at all, other than use it to help your own memory document the conversation, its not a problem.

So, for example, if you are nervous and scared that you won't remember what you talked about, and record it, and then re-listen and note in your journal what was discussed, you haven't broken any laws.

 

[OhReally?]

Umm...you do any "WIRE TAPPING" and you should expect a visit from the FEDS. Wire-tapping and recording calls are not the same.

 

[doc2b]

Umm...you do any "WIRE TAPPING" and you should expect a visit from the FEDS. Wire-tapping and recording calls are not the same.

I'm pretty sure federal and state wire tapping laws include recording on any type of device and it doesn't have to be by a third party to the conversation.

 

[OhReally?]

I'm pretty sure federal and state wire tapping laws include recording on any type of device and it doesn't have to be by a third party to the conversation.

Here's an idea....look up what WIRETAPPING is so you know what in the hell you're responding about.

 

[pa1981]

I just probably used the wrong term...I meant just recording calls that I am a part of with a normal recorder. I was told that recording any conversation, even those which I am a part of is illigal under the PA "wiretapping laws" which is why I said it that way. I guess all things considered I should watch my terms!

 

[Ohiogal]

From http://www.pimall.com/nais/n.tel.tape.law.html

PA is two party with the following exception: Any individual may record a phone conversation without the other party's consent if:
1) The non-consenting party threatens the life or physical well-being of the consenting party, or any member of his/her family.

2) The non-consenting party commits any criminal action (the statute specifically uses the example of telling the consenting party that they have marijuana they want the consenter to buy, but does state ANY criminal act).

It is a TWO PARTY STATE. Do not do it.

 

[pa1981]

Well, wait then. I was about to post that I have no intention of actually recording since PA will have juristiction over everything, and that I just posted that last bit to clarify that I would NEVER record two other people on the phone or anything like that...but both the exceptions listed are pretty much why I wanted the recordings. Would the following fall under those provisions (one or the other?)

Ex agreed to eow WITH drug testing ordered for him, 3 x month. He chose not to be tested or take his visitation for the first 6 months (though I let him come over whenever to see our son at the house...as infrequent as it was) and moved in with his mother 200 miles away 5 months ago. 2 months ago I began letting our son go up there for ex's actual sceduled visitation DESPITE the lack of drug testing since his mother and step-father will always be present for the visitation, and his drug issues had only been related to negligence due to pot smoking in the first place.

Ex is now talking about moving out on his own in a year or so, and when that happens I would like for drug testing to actually take place for a while since there were NOTED parenting issues due to ex's "habits" (again, all neglect type issues that had led to our seperation). Though I somehow doubt he will actually go to court to change things, you really never know, and I would like to be able to prove A) He does actively talk about smoking still, and about going out to do so while his parents watch our son, and B) I am under the TOTAL understanding that his parents are present at all times during his visitation since drug testing has NOT been completed. All I need is for him to be like "Well if she was so concerned about it before, why didn't she enforce the testing before?"

Maybe just the places where he talks about illigal drugs are legal to record? I would just disallow visitation until he gets off his butt and finds a new way to blow off steam (as per court order), but I do trust his parents completely, and our son would be devastated when he didn't get to see his father (since I know from the past which way he'll choose). Son is 3 btw. And ex does love son even if his priorities are a little screwed up.

 

[Ohiogal]

No. based on what you have stated you do not have the legality to record. AT ALL. You need to learn the law and not just try to force your situation to apply to it.

 

[doc2b]

Here's a resource to look at:

http://www.fcc.gov/cgb/consumerfacts/recordcalls.html

It states pretty clearly that interstate calls are not to be recorded without notification to the other party, but like OG said, PA law rules in your case anyway, so not worth the risk. Good luck, though!