secret 3-way calls legal?

[sadsister]

My brother is being harassed by the mother of his daughter (custody battle in progress).  Is it legal for me to call a friend, then call her (without her knowing my friend is also on the line)?  Then I have a witness.  I know that taping the call without her knowledge is illegal.

[MKx2]

How do you know it's illegal?  Are you in a one party or two party state?

If you don't know here is a link for you to ccheck the laws of your state (some states DO allow the recording without the other party's consent).


[A HREF=http://www.rcfp.org/taping/index.html]Can We Tape?[/A]

[sadsister]

I am in FL and I checked - not legal.  So I'm trying to see if the 3-way call can be used to get witnesses.

[FatherTime]

I would think that this is legal.  Recording is one thing.  I don't believe that there are any laws anywhere saying that you can't have a witness.  What would be the harm?  None could be proven in a court of law.  In another sense it is a form of self defense.

There is really no law stating that calls must be between two parties on a phone call.   I vote it's ok.

[sadsister]

Thanks.  The third party will e-mail me what they heard.  I want to use this in court.  She's very abusive and I so far it is a he-said / she-said situation.  So I want proof.  Have you ever seen anything regarding the legality of this or if the third-party e-mails will be admissible in court?

[MissouriGal]

if your "friend" is available to be questioned on the stand, then they might be allowed into evidence. Otherwise, it's "hearsay" I believe.

[socrateaser]

interception of an electronic communication by any means is illegal in FL unless you give all parties to the phone call notice at the beginning of the call, and they all consent to the interception (recording, witness, whatever). this is one of the more stringent laws in the U.S.

[Indigo Mom]

Wouldn't it also be heresay?  Without a tape recording, who's to say the two of them didn't "plan" out what they were going to testify to?

[socrateaser]

Yes, it's hearsay, unless the listening party is available to testify to what he/she overheard. And, in this case, it appears that the witness will be available, therefore, admissible.