Ask Me Help Desk - Phone tapping

Phone tapping

I just recently found a recording device on my phone at home that my then live with girlfriend and brother installed on the phone line recording all incomeing and outgoing calls. Is this illegal since I or anyone I was talking to knew. Is it a criminal offense

Quote:

Originally Posted by offcourse0517

I just recently found a recording device on my phone at home that my then live with girlfriend and brother installed on the phone line recording all incomeing and outgoing calls. Is this illegal since i or anyone i was talking to knew. Is it a criminal offense

It varies by State. Where are you?

I'm guessing you mean you and the people you talked to did NOT know - ?

How is this question related to this thread? Were the recordings admitted to Court? https://www.askmehelpdesk.com/crimin...po-694160.html

And if the girlfriend was living there, it would have been considered her phone to most likely.

Next what type of recording device, how was it installed.

Quote:

Originally Posted by Fr_Chuck

and if the girlfriend was living there, it would have been considered her phone to most likely.

next what type of recording device, how was it installed.

it was a tape recorder that connected every time the phone would rincg or dial out. I live in Michigan and it was her home also but does that make it legal. They were my private conversations and nobody but her knew they were being recorded

Quote:

Originally Posted by offcourse0517

it was a tape recorder that connected everytime the phone would rincg or dial out. I live in michigan and it was her home also but does that make it legal. They were my private conversations and nobody but her knew they were being recorded

In Michigan it's a felony to record a conversation without the consent of ALL parties - that includes you and the person you are talking to, both incoming and outgoing calls. Anyone who helps install the recording device is also guilty of a felony.

Was this recording used in connection with your other thread?

Quote:

Originally Posted by JudyKayTee

In Michigan it's a felony to record a conversation without the consent of ALL parties - that includes you and the person you are talking to, both incoming and outgoing calls. Anyone who helps install the recording device is also guilty of a felony.

Was this recording used in connection with your other thread?

The judge wouldn't allow it and it would have helped us but there were other sensitive conversations that were listened to by others without my permisssion. Is this a state or federal felonyi

Quote:

Originally Posted by offcourse0517

The judge wouldnt allow it and it would have helped us but there were other sensitive conversations that were listened to by others without my permisssion. Is this a state or federal felonyi

State - eavesdropping laws are State laws and vary from State to State.

Right, evidence obtained illegally is inadmissible.

Quote:

Originally Posted by offcourse0517

The judge wouldnt allow it and it would have helped us but there were other sensitive conversations that were listened to by others without my permisssion. Is this a state or federal felonyi

how do I go about filing charges. Is it federal or state

As Judy said its State, and you go talk to the DA to file a complain.

Of course, How do you prove it? Since the device was removed. Who saw that it was there? If you have copies of the recordings, you might be able to prove it if you can authenticate the recordings.

Quote:

Originally Posted by offcourse0517

how do i go about filing charges. Is it federal or state

Did you see my answer? It's a State law.

You start by notifying the Police and showing them proof.

Quote:

Originally Posted by ScottGem

As Judy said its State, and you go talk to the DA to file a complain.

Of course, How do you prove it? Since the device was removed. Who saw that it was there? If you have copies of the recordings, you might be able to prove it if you can authenticate the recordings.

She stated in court under oathe that she and her brother installed the equipment and I have the tape from the machine. She also talks about other conversations that I had with other people that are not on this tape so there must be others. Can each person on the tape file complaints. She didn't even realize she was recording her own conversations

Quote:

Originally Posted by offcourse0517

she stated in court under oathe that she and her brother installed the equipment and i have the tape from the machine. She also talks about other conversations that i had with other people that are not on this tape so there must be others. Can each person on the tape file complaints. She didnt even realize she was recording her own conversations

I would start by you filing a complaint. I must admit I'm a little confused. "She" testified in Court that she AND "her" brother installed eavesdropping equipment (which is what a phone tap is), you actually have the original tape - and the Court did nothing? What type of case was this?

This is highly unusual - I'm amazed that the DA didn't announce that the DA was filing charges. I know in my area there has to be a Police Report or the DA won't get involved but this was said in open Court - ?

Do you know who purchased the equipment and what type of device it is? Was it, for example, in the basement, on another telephone jack, if you know?

I'm an investigator. In NY a person can record conversations if one the party knows the conversation is being recorded. For example, I could record myself talking to you if you didn't know. I couldn't record Scottgem talking to you, even on my phone, if neither one of you knew.

Your question really is a good one!

Quote:

Originally Posted by offcourse0517

she stated in court under oathe that she and her brother installed the equipment and i have the tape from the machine. She also talks about other conversations that i had with other people that are not on this tape so there must be others. Can each person on the tape file complaints. She didnt even realize she was recording her own conversations

Get a copy of the transcript of the hearing where she admitted this. I'm not too surprised the court did nothing, since that trial was, I assume, about something else.

But armed with that transcript, go to the DA and ask that charges be filed. You can suggest to the DA you speak to that you weren't the only one who's rights were violated by her illegal eavesdropping.

Quote:

Originally Posted by ScottGem

Get a copy of the transcript of the hearing where she admitted this. I'm not too surprised the court did nothing, since that trial was, I assume, about something else.

But armed with that transcript, go to the DA and ask that charges be filed. You can suggest to the DA you speak to that you weren't the only one who's rights were violated by her illegal eavesdropping.

Can everyone on the tape that were not part of her conversations file criminal charges

Quote:

Originally Posted by offcourse0517

Can everyone on the tape that were not part of her conversations file criminal charges

To do so would be pointless - as Scott said, let the DA listen and determine whose rights have been violated.

Why muddy the waters?

Quote:

Originally Posted by offcourse0517

Can everyone on the tape that were not part of her conversations file criminal charges

What good do you think that will do? This is not a crime that would merit consecutive sentences. The DA might want to call other victims to testify as to the authenticity of the recordings. Or he might not. Her admission in open court should be enough to convict. So much so that it will probably never go to trial. It is more likely that a plea deal will be worked out.

If there is a conviction, the victims might want to institute a civil suit, but then they would have to show how they were harmed.