Quick question

hterry85

I'm in training to move to a new department at work, so I can't really bump much right now But long story (very) short...we'd like to start recording phone calls with BM. We only have cells, so it would have to be on DHs cell. Do we have to get something to hook up to the phone...or how does that work?

TIA ladies!

Phantomgirl

Isn't that illegal?  I believe you need her permission for that.  You really need to check the law for your state, if its because of a threat I believe you can get the police permission to record it, I may be wrong about that.

Yes you would have to get a device to connect to your cell phone.

https://www.ehow.com/how_4773664_record-cell-phone-calls.html 

knmommy

I believe here in IL you need to have the other persons permission to record a phone conversation. 

DREWLILY

Check your state laws. In 12 states, you have to have written consent from the person you're recording. In the other states, you can simply notify them over the phone and that is good enough. As far as how to record, you should have a speaker phone on the cell and just hold up a recorder to it. This is how we save voice mails onto tape. I haven't found any recorders yet that you can plug into your cell phone, they are all tied to land lines and some are pretty expensive.

Mama2S-K-M

Illinois

Illinois is, by statute, a two-party state. However, case law from both the IL Supreme Court and various Illinois appellate courts have declared Illinois a one-party state in the case of private citizens (businesses and plain folks - NOT law enforcement). The reigning consensus is that one-party consensual recording is merely "enhanced note-taking" and since some folks have total recall without recording, how can the other party have any expectation of privacy to a conversation held with another person.

Illinois requires prior consent of all participants to monitor or record a phone conversation. Ill. Rev. Stat. Ch. 38, Sec. 14-2. There is no specific business telephone exception, but in general courts have found extension telephones do not constitute eavesdropping devices. Criminal penalties for unlawful eavesdropping include up to three years' imprisonment or $10,000 in fines and the civil remedy provides for recovery of actual and punitive damages.

In the state of Illinois it is illegal to monitor cordless phones.

Phantomgirl

Mama2S-K-M:

Illinois

Illinois is, by statute, a two-party state. However, case law from both the IL Supreme Court and various Illinois appellate courts have declared Illinois a one-party state in the case of private citizens (businesses and plain folks - NOT law enforcement). The reigning consensus is that one-party consensual recording is merely "enhanced note-taking" and since some folks have total recall without recording, how can the other party have any expectation of privacy to a conversation held with another person.

Illinois requires prior consent of all participants to monitor or record a phone conversation. Ill. Rev. Stat. Ch. 38, Sec. 14-2. There is no specific business telephone exception, but in general courts have found extension telephones do not constitute eavesdropping devices. Criminal penalties for unlawful eavesdropping include up to three years' imprisonment or $10,000 in fines and the civil remedy provides for recovery of actual and punitive damages.

In the state of Illinois it is illegal to monitor cordless phones.

Now I'm more confused.  If BM calls hterry DH and he records the call how can that be considered eavesdropping or monitoring? Or are you saying that it is not?  OK i'm going to re read it lol.

Banana44

There is a little work around to the legality side of things.  Most states you need to announce that you are recording audio - but you do not need permission to record video.  As a matter of fact - since you are not recording the persons likeness on video - there is no problem.

 

Therefore - put the phone on speaker phone and record your DH with a video camera.  It would be just like people recording drop-off and pick-up.  The courts might say that they do not want to see the video -but you have it if you ever need it - and you can just say that you are recording your DH to prove he is not doing anything worng - keep the positive side of the recording!

Now - this is sneaky - but it is legal, and if you are trying to CYA - I would do it!

 

Banana44

I wanted to add a disclaimer since I am not a horribly sneaky person and I didnt want all of you to think I was crazy or something! - my entire family is in law enforcement and my sister was the SM in a case with horrible Parental Alienation - it was so bad the the BM can not see her kids at all - they are in the middle of total submersionwith the BF.

So, since things were so bad with my sister's case they had to resort to a lot of video recording to prove the things BM was doing.

End of my disclaimer!

Phantomgirl

Banana I was just about to post to say I like your style when you posted a disclaimer lol.  I guess that means I am capable of being a sneaky person!

Banana44

Phantomgirl:

Banana I was just about to post to say I like your style when you posted a disclaimer lol.  I guess that means I am capable of being a sneaky person!

Don't get me wrong - I have my ways of being sneaky - but I'm not usually as devious as I've learned to be through my sister's case.  And having so much family in law enforcement you really do learn how to get around the legal system! 

krogers0905

There's something you can get at radio shack that connects to a mini tape recorder. It has an ear piece that you put into your ear and records both what you are saying and what the other person is saying. This way it's not connected to your phone and can be used on a land line, cell phone, or work phone. Our attorney said we can record our conversations in this state but not third party conversations. In other words I can record when I speak to my ex on the phone without prior consent but can't record DD's conversations with him.

hterry85

On break, so time for the slightly longer version...BM informed DH last night that she is now going to be recording all of their calls. I can't think of any reason she would need to, but she must have something up her sleeve. So it's probably safe for us to have our own copy of all phone calls.

I've already been researching the leagal end...and it's actually pretty gray as far as interstate laws (we are in IL but BM is in IA) IL is two party but IA is only one. If it were ever to be used in court it would be in IA. And if she is recording them too I don't really see how she can object to us doing it. We're just not sure HOW to do it.

lvkeanu2

We avoid this whole mess. DH ONLY communicates via email,text,certified letters,or the lawyers.

Too many times before she misconstrued conversations and so we learned the hard/expensive way to get it all in writing.

Side note:There is nothing better than using her own email back to her when she "swears to GOD she never said that". I love proof like that!