For the past year during the seperation period I have been recording all of the interactions between us. I have been doing this because of a false 50B that was taken out on me and the lies she tells people, the lies she tells the children about things I have supposedly said to her during pick ups… I want to be able to prove wrongful allegations as needed. This has already come in very useful in the past.
I record the interactions on my cell phone voice recorder and discreet cameras… the interactions are always in public settings. Such as parking lots, community common areas and such. Being that these are public areas can she forbid me from doing this or do I have a right to do this? Again it is not in private areas like in a house or a restaurant type thing.
She already knows I have recordings or her saying things that are horrendous at best and can provide facts behind her lies and manipulations. She told me to stop recording her which at that time I actually was not and she did not believe me and then sends me a text indicating that she did not want to be recorded.
Since you are in public places and there is no expectation of privacy in a public area, then you can continue to record the interactions. The key determinant is whether or not a reasonable person would have an expectation of privacy.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Could you please explain more on the ’ expectation of privacy ’ statement. Does that indicate that because she said to stop recording her even though we are in public I have to stop. I am confused here
A reasonable person would have an expectation of privacy while in their home, in their cars, in a conference room, etc. But a reasonable person would not have an expectation of privacy while in a grocery store, in a parking lot of a store that is open to the public, etc. She does not have an expectation of privacy when she is in a public area, regardless of whether or not she has a preference on being recorded. The best practice is to inform her, while in a public area, that she is being recorded. She may not speak at all if she is aware of this fact.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.