Worth noting that hand written/typed notes are admissible in court. It can be handy for he-said-she-said situations, because the party with the notes nearly always wins when the other party can’t back up their side.
The punishment for recording will be insignificant compared to the punishment for the person you recorded. That is unless illegal recordings are inadmissible in court.
Fun fact, law enforcement is bound by the fourth amendment against performing illegal searches or seizures. Any evidence gained from “the fruit of the poisonous tree” is generally inadmissible unless they can prove they could have found it through other legal means. This in no way prevents them from using evidence gained through illegal means and provided to them outside of direct law enforcement action!
As an aside, the fruit from the poisoned tree has long been admitted into evidence through several pathways. One such end run is called parallel construction, they get illegal information, then find a legal way they can use it in court.
But they often don’t have to, long long ago the scotus said the evidence could be admitted if the police thought they were following the law. So they can plead stupid.
Nevermind the requirements that warrants, if they even bother with them, specify what they are looking for, before the 80s if they were looking for guns but found drugs that were not listed on the warrant, it was inadmissible, but now anything they find they can use.
If you are rich and have a lot of money you might be able to fight some of that, but for almost everyone, you are fucked.
Some states (California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington) have two-party consent laws, making it illegal to record a conversation without consent from all parties in the recording. At the very least, a recording w/o consent would be inadmissible in court, but it could also land you in prison (up to 5 years in Maryland and Massachusetts).
That’s the legal method to go about it, yes. So long as you make clear indication first that you’re recording, its all on the other end to make the choice to continue.
They have had cases of people recording the police that dropped the evidence after the police lied about that interaction to convict them, and the people catching the police in a lie by recording get charged with that felony charge.
Recording police is different and usually considered protected by the first amendment as long as it is an on-duty officer and you are lawfully present in a public space.
This is why I record all my phone calls.
Depends on the jurisdiction if you need two-party consent to record.
Worth noting that hand written/typed notes are admissible in court. It can be handy for he-said-she-said situations, because the party with the notes nearly always wins when the other party can’t back up their side.
Easy, have your AI transcription agent be a third party that can consent so you have a majority! (/s… sorta)
Who cares, do it anyway. They lie and cheat, so can we.
The punishment for recording will be insignificant compared to the punishment for the person you recorded. That is unless illegal recordings are inadmissible in court.
Fun fact, law enforcement is bound by the fourth amendment against performing illegal searches or seizures. Any evidence gained from “the fruit of the poisonous tree” is generally inadmissible unless they can prove they could have found it through other legal means. This in no way prevents them from using evidence gained through illegal means and provided to them outside of direct law enforcement action!
As an aside, the fruit from the poisoned tree has long been admitted into evidence through several pathways. One such end run is called parallel construction, they get illegal information, then find a legal way they can use it in court.
But they often don’t have to, long long ago the scotus said the evidence could be admitted if the police thought they were following the law. So they can plead stupid.
Nevermind the requirements that warrants, if they even bother with them, specify what they are looking for, before the 80s if they were looking for guns but found drugs that were not listed on the warrant, it was inadmissible, but now anything they find they can use.
If you are rich and have a lot of money you might be able to fight some of that, but for almost everyone, you are fucked.
“Ignorance of the law is no excuse… unless you are the law… then you can be as ignorant of the law as you want!”
Yeah, I don’t think all these big tech companies with their telemetry and
adwarespyware are following those laws, so why should we?You have millions of dollars to try fighting the case? They do.
You have a point, and I hate it!
Some states (California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington) have two-party consent laws, making it illegal to record a conversation without consent from all parties in the recording. At the very least, a recording w/o consent would be inadmissible in court, but it could also land you in prison (up to 5 years in Maryland and Massachusetts).
What if you simply announce that you are recording and remind them they have the option to hang up if they don’t like it
That’s the legal method to go about it, yes. So long as you make clear indication first that you’re recording, its all on the other end to make the choice to continue.
Answer every call with “calls may be recorded for quality assistance purposes”. They can hang up.
They have had cases of people recording the police that dropped the evidence after the police lied about that interaction to convict them, and the people catching the police in a lie by recording get charged with that felony charge.
Recording police is different and usually considered protected by the first amendment as long as it is an on-duty officer and you are lawfully present in a public space.
It’s protected until it isn’t. There are a great many examples of this happening. All quite rage inducing I can assure you, and going back decades.