A PSA concerning taping conversations..in California...

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JEDIYoda

Lifer
Jul 13, 2005
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There are some questions as to the legality of the tapes that were leaked to the media in the Sterling case.

As somebody who has dealt with taping conversations as well as appearing in court and having real legal representation that I paid for, I know a little about this subject.

In a criminal proceeding it is very illegal for a citizen to tape another citizen and then use what was said on the tape in a criminal trial.

Also we get into something else and that is if you are taping our conversation and the recorder is in plain view as in right in front of me, can that tape be used in a criminal setting?

The answer is not so clear...it basically boils down to what the Judge rules is admissible..

Now lets apply that to a civil case where I am seeking compensation...such as money, etc....

The answer is YES, almost 100% of the time the tape can be used as evidence of an agreement that transpired etc.....

Now lets me very clear -- it really does not matter what you dig up from the internet to disprove what I said.
Unless you have personally been through any of the above situations there is no way you can arm chair quarterback the above statements!

The fact that sterling sais these things can be used as proof that he is a racist, regardless of if the tapes are admissible or not. The damage has been done.

Peace!!
 

CountZero

Golden Member
Jul 10, 2001
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If you record without consent and both parties are in CA you are breaking the law, period.

Whether or not it is admissible in a civil or criminal case is irrelevant to the fact that the recorder broke the law.

It would only get complicated if one party was in a one-party consent state and the other was in an all-party consent state as those cases have gone either way.

In regards to the Sterling thing I don't know what can be done if he hasn't admitted it was him on the recording.
 

WaTaGuMp

Lifer
May 10, 2001
21,207
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She already said she was his archivist, yeah right, you fucking whore. The next day she said she was his sugar baby for 4 years.
 
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