Say, hypothetically, a recording device was dropped out of Party1’s vehicle during exchanging the kids from one home to another. Say Party2 listens to this recording device, hears incriminating things such as lying to police, lying to fraud case workers, manipulation of the children, recordings made in Party2’s home without the other party’s knowledge or consent (using the children to make the recordings), etc. Would this device and/or it’s recordings be admissible in court? Or would Party2 be at fault for keeping the device and not returning it?
North Carolina’s wiretapping law is a “one-party consent” law. North Carolina makes it a crime to intercept or record any “wire, oral, or electronic communication” unless one party to the conversation consents. N.C. Gen. Stat. § 15A-287. Thus, if you operate in North Carolina, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.
In addition to subjecting you to criminal prosecution, violating the North Carolina wiretapping law can expose you to a civil lawsuit for damages by an injured party. N.C. Gen. Stat. § 15A-296.
Consult the Reporters Committee for Freedom of the Press’s Can We Tape?: North Carolina for more information on North Carolina wiretapping law.
Children under 18 can’t consent btw.
I have an extension to your question. What if that party is a minor? Can a minor record the conversation at their own will? Not being coaxed by a parent, but by their choice of options?
It is my understanding that we cannot be held liable for a device falling into our hands, which had incriminating recordings made by the other party. In fact, the device could very well have made it into our home with the intention of the other party to use minor children to record us. Would I be correct?
What if a minor child recorded adults in their home, then brought the recordings to the other party who then saved the recordings onto a device of their own? The minor child, although they cannot consent, was not a party to the conversation. While the other party may say it was completely innocent, the child recording the adults, it was not completely innocent that the other party then saved the recordings onto their own device.
Would there be a case at all? Would it be worth it to file a complaint?
There are many laws surrounding recording conversations that you need to be aware of. As a general rule, one party to the conversation must consent to the recording. Your biggest issue with presenting evidence of a conversation that another party recorded is with being able to authenticate it which is a requirement for admissibility.
::Not a lawyer::
My question to the party if I were the judge or the other attorney/parent would be, where did the child get the idea??? No one ever comes out with hands clean when the kids are helping sides.
[quote=“momagain2010”]::Not a lawyer::
My question to the party if I were the judge or the other attorney/parent would be, where did the child get the idea??? No one ever comes out with hands clean when the kids are helping sides.[/quote]
Precisely. And as for authentication, that would be the couple hundred other recordings on the device, proving that it was theirs.