taping of conversations

[dequeendistress]

What is the name of your state? Ar

In theory...if a person is recording a conversation, secretly and is present during the conversation, in Arkansas I believe this is legal...IF another party involved in the conversation directly asks the "recording" party if they are recording...do they have to disclose they are?

Secondly:

Cell phone and cordless phone conversations can be picked up by scanners...Is this legal and in addition if so or not is the information passed between the parties and heard by a third party via scanner usable in a court of law or other legal action?

Thirdly...If a situation is under investigation would a law enforcement authority have to obtain some sort of permit prior to: monitoring or recording phone conversations...and ONE more thing...Can law enforcement monitor phone calls of their employees...ie police on cell phones legally?

Phew...that's all I have

 

[JETX]

"In theory...if a person is recording a conversation, secretly and is present during the conversation, in Arkansas I believe this is legal...IF another party involved in the conversation directly asks the "recording" party if they are recording...do they have to disclose they are?
***
Ark. Code § 5-60-120: Intercepting or recording any wire, oral, or cellular or cordless phone conversations is a misdemeanor, unless the person recording is a party to the conversation, or one of the parties to the conversation has given prior consent. Arkansas law also criminalizes the "interception" of a message transmitted by telegraph or telephone in its "public utility" laws. Ark. Code § 23-17-107.

State law makes it a felony to use any camera or "image recording device" to secretly view or videotape a person in any place "where that person is in a private area out of public view, has a reasonable expectation of privacy, and has not consented to the observation." Ark. Code § 5-16-101.

"Cell phone and cordless phone conversations can be picked up by scanners...Is this legal"
*** As of April, 1994, ALL scanners sold in the USA must be cellular deleted (blocked) by the mfgr, & all the scanners we offer therefore are cell blocked. There is no scanner, new, old, modified or "export", that can hear the current "digital" cellphones being sold today
Most cordless phones (the ones in your house) are usually on 900mhz or 2.3ghz and could be received by others, but they would fall under the same legal restrictions noted in the first answer.

"and in addition if so or not is the information passed between the parties and heard by a third party via scanner usable in a court of law or other legal action?"
*** Depends on the state laws.

"Thirdly...If a situation is under investigation would a law enforcement authority have to obtain some sort of permit prior to: monitoring or recording phone conversations...and ONE more thing...Can law enforcement monitor phone calls of their employees...ie police on cell phones legally?"
*** If a federal agency wants to monitor your phone communications, they must obtain the permission of a court.