Header

Forum Left Top
Welcome to the LawInfo’s Legal Forums
By joining us today you can participate in our active and growing community. You will first need to register in order to participate in the discussion boards, using a login name and password. Click here to be directed to the registration page.

Lawinfo Home >> Click Here For Exclusive Statewide Sponsorship


Reply
 
Thread Tools Display Modes
  #1  
Old 10-03-2007, 06:59 AM
annods annods is offline
Junior Member
 
Join Date: Oct 2007
Posts: 1
Default taping a conversation/interaction

"Of the 50 states, 38, as well as the District of Columbia, allow you to record a conversation to which you are a party without informing the other parties you are doing so. Federal wiretap statutes also permit one-party-consent recording of telephone conversations in most circumstances.1 Twelve states forbid the recording of private conversations without the consent of all parties. Those states are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.2"

I am providing this quote from the First Amendment Handbook.

This is because I have had employees in situations where they could have proven much of the stalking behavior of their abuser if they had secretly recorded interactions. They don't record because it seems to be "common knowledge" that you can't record conversations, but I believe that this has the status of an urban myth. When I've looked it up, most laws apply solely to telephone and non-private conversations. Only twelve states forbid the recording of private conversations without the consent of all parties, and Indiana is not one of them. I was able to get a workplace restraining order against one of my worker's stalker, but her personal restraining order was not granted (!) because the judge determined that the stalker was pursuing reasonable business with her (seeking change in childcare, etc.) If she had recorded the actual conversations she would have definitely won on this, because the violence in voice and manner projected by the ex who was harassing her. Instead, the stalker accomplished what he wanted, driving her out of her job and income, and into hiding. I have lost two employees in the last six months due to the harassment they are under. My pain is small compared to what they are going through.

The only Indiana code information that I have found is:

Ind. Code Ann. § 35-33.5-1-5: The recording or acquiring of the contents of a telephonic or telegraphic communication by someone who is neither the sender nor the receiver is a felony and can be the basis for civil liability. Ind. Code Ann. §§ 35-33.5-5-4, -5.

Civil liability may require the payment of actual damages, $100 per day for each day of violation or $1,000 — whichever is greater — and punitive damages, court costs and attorney fees. Ind. Code Ann. § 35-33.5-5-4.

Regardless of the state, most sources that I have already researched imply that it is almost always illegal to record a conversation to which you are not a party. This does not concern me since the situations I'm concerned about always include a participating party. These people need to be believed in court and with the police, and many recorders are small, voice activated, and can be in a purse or pocket when needed.

Can anyone out there weigh in on this?

Last edited by annods; 10-03-2007 at 07:02 AM.
Reply With Quote
  #2  
Old 10-03-2007, 05:25 PM
moderator moderator is offline
Moderator
 
Join Date: Sep 2006
Posts: 15,249
Default

You seem to have done some very thorough research. The only thing you can do is to present this to these employees. You can also suggest that they speak with someone in the domestic violence department in your area.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump





Forum Right Top
Forum Left Bottom Forum Right Bottom
 
Right Left
Member Login
Forgot password?

Not a member? Click Here to Register.
Forum LeftForum Right


Attorney Search
1. Choose an Area Of Law


2. Choose Your Location

   

 

Forum LeftForum Right


Most Popular Forums:
Immigration
(Federal)
 5829
Texas
(Family Law)
 5505
California
(Business and Corporation)
 2748
California
(Family Law)
 2675
California
(Labor and Employment)
 2039
Forum LeftForum Right


Forum Statistics:
Forum Members: 56,293
Total Threads: 29,463
Total Posts: 67,319
There are 31 users
currently browsing forums.
Forum LeftForum Right
Right Right
Right Bottom Left Right Bottom Right