Recording phone calls - digital or tape?

[gaguy]

Hello all,

I have a question.
If I want to record my phone calls (to my cell phone), should I use an actual tape recorder, or can I use a digital recorder?

I am thinking of digital recordings being easier to be manipulated, and therefore maybe inadmissible?

GaGuy

[NJDad]

Hi gaguy,

I just went down that road.


First, check with your state to see if it is legal to record phone conversations. In NJ, it is legal if one party knows about it. Other states totally prohibit it.


Second, get 2 recorders:

a) A hard-wired tape recorder with a remote phone control box from Radio Shack. You don't have to get a small one. In fact, a medium sized one is better. It will run you about $70 for both pieces.

b) A small digital pocket recorder. You may have to try out a bunch of them to see which microphone works best. Also, get a cable to copy the recordings to the tape deck above. (Don't load them to your PC, many times the copies come out poorly with white noise in the background.) You MUST wear this everytime you are anywhere near your Ex. You'll see for yourself, the best recordings come at the moment when you least expect them. I have a small RCA unit  that doesn't have the ability to place messages into folders, but boy the microphone is excellent. And since you will copy continuous audio from the pocket recorder to the tape recorder, it's probably not that important. Get something that will hold at least 4 hours(on HQ setting) to cover your dinner times. Always record on High Quality. If you have a cell phone, hold the pocket recorder up to the speaker and you will record the whole conversation.


Third, buy a boat load of tapes and batteries. You'll run out really fast and you may have to delete some recordings to make room for others... You don't want to do this. So keep up on transferring the pocket recorder over to audio tape.


Fourth, no counsellor wants to be taped. I respect their wishes. Except for one who my Ex hired and was definitely biased. Only do so if they are hostile (ie. in your Ex's pocket.) I was able to provide transcripts of a meeting with her, that the psychologist misrepresented on paper. But I had the tape to prove it and displayed it to our court appointed  counselor, if she wanted to hear it - backing up the transcript.


Fifth, tapes are EXTREMELY difficult to get admitted into court because you can copy them to your PC and edit them. Many courts will accept a written transcript of events over the actual audio recording. Video IS always your BEST option. It's deemed harder to tamper with.


Sixth, buy a Camcorder with NightVision. Sony has a cheapie for $300. Get the 5 Hour battery (this is MANDATORY). If you are in a hostile divorce scenario, you may get the kid(s) for dinner time. If alone, and they are young enough (under record the whole session. This may be 3.5 hours or more. You don't train it on them, you train it on you. This way, if you are accused of something, you can show the tape to your court counselor. This disproved a couple of abuse allegations made against me and showed her to be coercing the kids.


Seventh, USE the camcorder at EACH exchange. If you can hardwire a camera to your car or person, the better. Also, USE the pocket recorder at the same time, as a backup, in case the camera fails and you don't know it. (This happened a few times to me where the kids or I bumped the record button and turned it off, the battery was low or the tape ran out.) In NJ, you're allowed to use a camcorder and it is not considered harassment. The Ex tried this and it was thrown out. After all, the tape you make can be used against you too. It is for her protection as well as yours.


And lastly, NEVER (and I do mean NEVER) tell her you are doing this. No matter what, not even in a moment of weakness. Once you do, half of your good stuff will be gone. I tried to be so careful and I ended up making this mistake.


You will be surprised how much stuff you forget over time, then you play the tapes back and WOW! The recordings can also be used to write your journal of events - which you BETTER be keeping. Also, it sounds like a lot of money up front, but it will pay you back in spades within a few months. It may even keep you out of jail. (Defending myself against one false criminal complaint cost me $4,500 and some time off of work. I bought everything right after that and it saved my skin several more times and proved her to be a liar - invaluable.)


Good luck,
W


Note: All of my comments in these posings are derived from my personal experiences or opinions. I am not an attorney, please seek council's advice for proper direction.

[JeffR]

I just spoke with an attorney about this and he took a different approach to this when I explained that I had recorded every conversation between me and my soon to be ex-wife.

He mentioned that he has had taped / recorded conversations ruled inadmissable due to the fact that people say things that they do not mean, especially in divorce proceedings.

He said that if I was concerned about my wife recording me, I shouldn't be. He also mentioned that he would not even consider any taped / recorded messages that I had from my wife.
I guess it might be up to how you or your attorney wants to approach things and also on your local laws.

Just my 2 cents..
This was in Minnesota btw..