Do you have to let someone know they are being recorded?

Question

I am going to pick up my son tomorrow for my revised court order visitation. I took her to court to get more visitation since I was only allowed to see my son minimally. I am assuming, even though it is court ordered, she is going to try and deny me. If I bring a recording device to protect me, do I legally have to make her aware that she is being recorded?

Answer 1

not in north dakota you don't. only you have to have consent which obviously you would..

Answer 2

Yes, you have to let whoever you are recording know that they are being recorded. If not, and you try to use it in court at a later date and time, it would be considered entrapment. Her defense would be that you recorded her w/o her permission and that as evidence is in-admissable in a court of law. Good Luck!

Answer 3

It depends on what state you're in.

The answer could be yes & it could be no.

Answer 4

No, the law states that only one party needs to be aware of the recording, that's you. Police Officers record every single word you say to them. Do they ever tell you that they are recording? It is also admissible in court.

Answer 5

It's iffy.  If you are in public, where there is no expectation of privacy (i.e. if a court ordered monitor is present), then you usually can.

If private, lets say inside a house, as a general rule, you have to advise her.

An option would be to take someone with you.  That person can serve as a corroborating witness and also negate some of the privacy issues.

I couldn't find a specific reference on ND court websites,

Answer 6

you should contact an attorney or talk to your local police .If she refuses to honor a court order,  you may be able to pick up your son with a police escort.  She won't cause trouble if the cops are with you .

Answer 7

Well, I live in Missouri and when I called a county officer to complain about some of the city officer's tactics, I was told I could record him without him knowing and this was a city cop I could have recorded, but I didn't want to play with fire so I just moved.  But anyway, maybe it depends on the state.  I think the laws have changed.  I know you used to have to tell them.

Answer 8

Recording laws are different from state to state, In my state only one person involved in the conversation needs to be aware of the recording, therefore; I could record all of my conversations without telling anyone however; I could not record a conversation between two other people If I were not there. I would suggest contacting your local district or prosecuting attorney and pose the question they will advise you on your states law

Answer 9

Check the laws of the state that you are in.  Some require notification, some require notification if its over the phone, etc.  Others do not require any notification.

Answer 10

You have to in Tennessee.

I don't know what state you live in so... It depends because it's a state mandated thing.