"Here in NY you can do it because we are a one party consent state where a conversation can be taped with only one person in the conversation consenting.
In other states, recording someone without their permission or a court order is a FELONY."
I’m pretty sure dispatch is already recording both parties in this instance. Is it then illegal to make your own copy of a conversation somebody else is already recording?
If it’s a two party consent state then both sides need to know that a recording is being made. If the other guy knows that dispatch is recording the conversation, but do not know that you are making your own recording, it may indeed still be illegal.
Fortunately, unless you live in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, or Washington, you’re in a one party consent state and don’t have to worry about it.
I believe if you are in a one party consent state and record a phone conversation with someone in a two party consent state without their consent, you still committed a crime.
I believe if you are in a one party consent state and record a phone conversation with someone in a two party consent state without their consent, you still committed a crime.
If you recorded the conversation in the one party consent state…doesn’t matter where the other party is…it’s perfectly legal. Absolutely NOTHING the person living in the other state can do about.
Don’t know the answer to that but I would suspect that if you are in a state that requires more than one party consent, there would be a requirement for an employer to notify you that you are being taped. It could be in an employment contract, company handbook or posted work rules.
Concerning copies of recordings by civilians of dispatch conversations being recorded, states can make exceptions to what ever restrictions they have. A dispatch’s conversion could be construed as "mission crtical " and be exempted from restrictions. Obviously, anyone else does may not come under that statute and it might be illegal for them to do it. In the performance of their duties, law enforcement and other civil servants need a certain amount of latitude.
They need to speed, carry weapons, comunication, make recordings etc. in the performance of their duties. Everything recorded can become evidentiary later on in the prosecution of a crime or writing a summons. Look at cams at intersections recording motorist without their permission. I am sure staes had to get some dispensation to use them. All legislation passed must be made legal, or it can get challenged in Court.
Don't know the answer to that but I would suspect that if you are in a state that requires more than one party consent, there would be a requirement for an employer to notify you that you are being taped
My oldest sister went through this with a divorce. She was staying with us in NH and her husband called. She recorded the conversation (we’re a one party consent state…he was in a two party consent state). When they went to court for child custody (in the state with the two party consent)…she introduced the tape she recorded and on the he threatened her. His lawyer tried to get it thrown out…but because it was taped in the one party consent state…no laws were broken.