Taping Phone Conversation

[LizaLou1]

Soc,

I saw your recent post about intercepting phone conversastions in Florida and need a bit of clarification.  All my questions are premised with we're in Alabama and the ex is in Florida.

1.  May I from AL tape phone conversation with a person in FL without thier knowledge and use it in an Alabama court?

2.  Assuming I give them notice the conversation is being taped may I use it in court even if they don't give permission to tape because it's an Alabama Court?

3.  Absent an affirmative "permission not granted" from the person in Florida can it be assumed permission was given if I give notice of the taping and the conversation continues?

Thanks ever so much!

LizaLou

[socrateaser]

I re-read the statute, and I don't know where I got the "affirmative consent" idea, cause it's not in the statute. This issue came up before and I could swear that there is such a requirement. However, I just cannot locate it now.

So, my interpretation is that you can resolve this issue in every jurisdiction by "serving" notice on the party to be recorded, i.e., disinterested third party, available to testify, with knowledge of the contents of the notice, hands notice to party to be recorded, and then server signs notarized, sworn affidavit of service.

Example of notice:

NOTICE: PLEASE BE ADVISED THAT I WILL RECORD ANY AND ALL COMMUNICATIONS MADE BETWEEN MYSELF AND YOU AND/OR MYSELF AND OUR MINOR CHILD(REN), REGARDLESS OF THE COMMUNICATION MEDIUM (TELEPHONE, COMPUTER, IN-PERSON, ETC.), OR THE LOCATION OF EITHER OR BOTH OF US AT THE TIME OF SAID COMMUNICATION. ANY EVIDENCE CONTAINED IN SUCH RECORDINGS MIGHT BE OFFERED IN  SUBSEQUENT LEGAL PROCEDINGS. IF YOU ENGAGE IN COMMUNICATIONS WITH ME AFTER RECEIPT OF THIS NOTICE, YOU ARE CONSENTING TO THE UNRESTRICTED MAKING AND USE OF ANY SUCH RECORDINGS.