Is it legal to audiotape a person to use in court, if they are not aware that you are recording the phone call?
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Is it legal to audiotape a person to use in court, if they are not aware that you are recording the phone call?
Asked on January 13, 2012 under Criminal Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of most states in this country (California for example) it is a crime (misdemeanor) to record a telephone conversation that one has with a person over the telephone if all parties in the telephone conversation are not made aware that the conversation is being recorded.
A voice mail or a message left on one's answering machine is not subject to that law.
Any recordings of telephone conversations made without authorization cannot be used in court.
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