If you record someone speaking without their knowledge can you use that...

If you record someone speaking without their knowledge can you use that information in a court of law in NY?

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If you cant? which state is this allowed in?

14 COMMENTS

  1. No, because it was without their consent. Believe me, I tried it in Illinois and Kentucky and am told it’s illegal everywhere. You must tell notify them that they are being recorded.

  2. only if there was a second party in that conversation who agreed to it being taped that may only be ohio law though…not sure about ny

  3. NEW YORK <medlgl@baldcom.net>
    New York is a one party state, however some courts will not admit an interview with a witness to an event if they were not informed they were being recorded. Apparently the judge may use his descretion.
    William Sullivan
    <CyberPI@msn.com> New York is a one party state, Per NYS Penal Law, Sec. 250.00(1)

  4. In New York you can. But only as evidence in "your" case. In other words you can not use the recording solely to incriminate them. You have to have other evidence that supports your case. The judge has the sole authority to allow or disallow the recording, based on all the evidence.

  5. you can’t unless they know you are recording them. or you can have a court order to do so.

  6. This may not be correct, but I am an insurance agent in Texas and we had a situtation w/a customer threatening the safety of our employees by phone. We contacted our compnay’s corporate attorney and he said in Texas(only) that it is legal and permissible in court as long as ONE of the parties has knowledge of the recording, doesn’t matter which party. This was a couple of years ago so you might want to call a Texas attorney to verify.

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