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#200742 - 03/03/07 06:44 PM Re: It would depend on what it was... [Re: gr8Dad]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
B. In the case of a telephone or in-person conversation, recording simply means making a copy of the conversation between two or more people. Recording is illegal in Arizona if NO party to the conversation knows that the conversation is being recorded. However, in Arizona, and this varies by state, if one party to the conversation knows that the conversation is being recorded, it is not illegal. Thus, if someone tape records a phone call or conversation involving him/herself and another person, even one who is unaware of being recorded, that's legal in Arizona. If the same person taps into a phone line and records a conversation between two people who are unaware they are being recorded, it is ILLEGAL. Arizona and federal law are similar in this respect; however, recording conversations is illegal in certain other states unless all parties know of the recording and consent. There may be some cross-jurisdictional issues involved when tape recording a conversation across state or national boundaries. Prior to tape recording, it is recommended that you consult an attorney in the appropriate jurisdiction



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#200743 - 03/03/07 07:40 PM Yabbut... [Re: googledad]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
You'd have to further research the wiretapping laws with regards then to minors. Do they actually consider a "child" as a "party". Or is their parent the responsible party, and therefore permitted to tape the child's conversations? This was hit on in a topic once before and I'm thinking there was something about a parent taping a child's phone calls that fell outside these no taping laws.
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#200744 - 03/03/07 07:42 PM Re: Yabbut... [Re: almostheaven]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
OP is not a parent , she's the step-mom .
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#200745 - 03/03/07 08:12 PM Re: Yabbut... [Re: googledad]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
Well they could always claim dad was the one who taped it.
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#200746 - 03/03/07 09:26 PM Re: Yabbut... [Re: almostheaven]
Redlegg Offline
Carpal \'Tunnel

Registered: 10/06/06
Posts: 27903
Rules of evidence are different for a civil trial vs. a criminal trial. Judges have the discretion to listen to what they want, whether it was obtained legally or not. They can listen in private or in public, and they can use it in making decisions on certain things within the rules of evidence. The standard of proof is very different for a criminal trial than it is for a civil trial, the whole reasonable doubt or preponderance of evidence standard. And of course you can always claim it was originally taped for Homeland Security. The standard may not be how it was obtained, but what it is being used for.

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