Wiretapping?

[MattH]

A friend of mine has been receiving death threats from someone over the phone. He knows who this person is, but before persuing any action he would like to record these conversations for later use. Does anyone know what the law is in the USA or New Jersey regarding this? Is it legal to record a phone conversation without the other person's consent? If so what can this person do? Thanks.

 

[MattH]

I found the New Jersey Statute regarding this issue. It reads as follows:

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

Does this mean that my friend can legally record any phone conversation that HE is a part of without needing the consent of the other party? Thanks.

 

[observer]

if you read this board a bit...you will see that lots of states say "yes" as long as you are one of the parties being recorded too....but still....hopefully one of the lawyers here will confirm this...i'm just playing armchair lawyer...*smile*

 

[Tracey]

If that is the correct NJ statute, then your friend can record away, and should!

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.