Video and Audio Recording

[HzlEyez]

Hi

I have one question in regards to the following:
My boyfriend doesn't trust his child's mother anymore because, she had him falsely arrested again for harrassment.  My boyfriend is looking to purchase a mini digital video camera that records video and audio.  My boyfriend say's that if he has such an item that he can always use it as evidence to show that he is not the one harrassing that it is she who is harrassing him.  My inquiry being that we reside in NY is that legal for him to do?

Please Advise.

[Jade]

>Hi
>
>I have one question in regards to the following:
>My boyfriend doesn't trust his child's mother anymore because,
>she had him falsely arrested again for harrassment.  My
>boyfriend is looking to purchase a mini digital video camera
>that records video and audio.  My boyfriend say's that if he
>has such an item that he can always use it as evidence to show
>that he is not the one harrassing that it is she who is
>harrassing him.  My inquiry being that we reside in NY is that
>legal for him to do?
>
>Please Advise.

He needs to talk to an attorney regarding the legality of what he plans on doing.

[MomTo4]

I live in NY as well. It is my understanding that it is NOT legal, unless another party being recorded knows they are being recorded. We went through that awhile back, and when my ss law gaurdian heard we were recording the conversations during pick up and drop off, she flew off the handle and asked if anyone else was aware of the recording. The child did know, he had heard himself on the tape at times. She did leave the issue alone after that. But I don't know if all law gaurdians will react the same. I would definately inquire with a lawyer. Even if you can not afford to hire a lawyer, I know there are a ton in my area that will give you a free consoltation. Fathers HAVE to protect themselves, but they have to do it legally.

[awakenlynn]

I always thought if pick-ups and drop-offs were in a public area, there was no expectation of privacy and it could be recorded.  We always go somewhere to ensure there will be plenty of witnesses, ex is NOT allowed anywhere near our home.

Lynn

[ocean]

NY you need to let the other person know if you are recording phone calls BUT all you need to do is send her a certified letter stating that all future phone calls and exchanges will be subject to taping. Then you covered yourself. She does not need to be ok with it just know it will happen.

Anywhere public you are fine with...If you pick child up and you are taping from car is fine. I would have it handy and if you see it getting out of control then pull it out. Maybe when she sees she is being taped she will cut it out.

Next time you are at court, ask for the exchanges to be done in a parking lot (at the police station?) You can also have it say she is to send child to your car without getting out...

Good luck!

[wysiwyg]

here you can call the local PD and ask for an officer to be present at the exchange.  

[mistoffolees]

>I live in NY as well. It is my understanding that it is NOT
>legal, unless another party being recorded knows they are
>being recorded. We went through that awhile back, and when my
>ss law gaurdian heard we were recording the conversations
>during pick up and drop off, she flew off the handle and asked
>if anyone else was aware of the recording. The child did know,
>he had heard himself on the tape at times.

I don't know anything about NY, but in OK, you're free to tape another person as long as one party in the conversation (you) agrees. HOWEVER, you may NOT ever tape a minor without the court's permission. In OK, the law guardian would have been complaining about that part of it, and not taping the other adult.

That type  of complexity is why it's worth getting a legal opinion.