We often receive questions like “Can you bug a room to record the audio?” or “Can you record my husband cell phone conversations?”
Although audio recording would be very useful in many investigations, the bottom line is most types of audio recording are illegal. This would include telephone and cell phone conversations, audio within a room or car, etc. As a result, we do not conduct any audio surveillance.
United States Code, Title 18, Section 2510 states:
“…‘oral communication’ uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.”
Given the above, we do not use any audio recording whatsoever and rely instead primarily on video & photographic evidence. Although the federal law quoted above applies nationwide, individual state and local laws do vary and you should consult with a local attorney if necessary.[note title=”Please Note” align=”center”] We are not lawyers. The information above is a)based on the author’s opinion and interpretation, and b)purely for information purposes. It should NOT be taken as legal advice. [/note]
I AM COMMENTING ON “LEGALITY OF AUDIO RECORDINGS”. THIS SUBJECT, i HAVE Been reviewing for years now. Most of what you said is true to a certain degree. You should have some care with your handed out advice because steering someone wrong is what we “all” do not want to do. I have had my rights stolen, “RIGHTS”, the critical ones by everyone from my local LAW ENFORCEMENT, to GOVERNMENT ENTITIES. No fun. What I have discovered is that the laws vary from state to state. oregon for example is a “ONE CONSENT STATE” state for telephone recording. Meaning you do not have to alert anyone because of course the recorder would surly be consenting. Just remember Oregonians to keep it within the state lines. California for example is a “TWO CONSENT STATE ” for phone recordings, eww could be trouble.A reasonable expectation of privacy does not matter hear. Oregon is however a “TWO CONSENT STATE” for PERSON to PERSON recording.Yes you guessed it, “CAN I record us….?” is the rule you must follow UNLESS the involved partis “do not have any reasonable expectation for privacy”. SO for example if you are a the airport waiting in the seating area, where usually other people are then how would anyone concieve tjhat thier conversation wuold not be overheard by , lets say, the person sitting next to you or 5 to 10 feet away. And yes that was a very asstute assumption, eavesdroppers get out your recording gear because the same rules apply for recording a conversation that you are not a part of. There is a case where an Investigator recorded a conversation while standing on the sidewalk(public area) just off of a couples room in their house . The couples window was open so in esscence he was just keeping a record of something that came to him without trying hard. He was within a distance were his ears could have deciphered the communications. Thats how I enterperate it anyway. Bottom line look into your states laws. Hopefully they work for you.
my niece is having to share custody with her ex-husband and the children kids 7 mo and 3 yrs come home very stressed and emotional. Is it legal to audio from a curb (if equipment is available) to hear if he is locking them in a back bedroom and letting them cry themselves to sleep? He does believe this way, admitted it in court and the judge still gave him custody every other week with both children Help, please, the babies are being tramatized