California Law about recording...

Is this it? I think with probable cause cops can do whatever they want as far as surveillance...and probable cause is somewhat subjective, i.e. "they seemed suspicious or behaved in a suspicious manner"
[link>http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=630-637.9]http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=630-637.9[/link]

This is what I mean....
 
"633.5.  Nothing in Section 631, 632, 632.5, 632.6, or 632.7
prohibits one party to a confidential communication from recording
the communication for the purpose of obtaining evidence reasonably
believed to relate to the commission by another party to the
communication of the crime of extortion, kidnapping, bribery, any
felony involving violence against the person, or a violation of
Section 653m.  Nothing in Section 631, 632, 632.5, 632.6, or 632.7
renders any evidence so obtained inadmissible in a prosecution for
extortion, kidnapping, bribery, any felony involving violence against
the person, a violation of Section 653m, or any crime in connection
therewith."

Thank you Gina, that's what I was looking for.
 
So if someone was recorded, they can't use the recording in court unless both parties gave consent?
 
 
 
 

From what I read, it depends on if the person recording THOUGHT or BELIEVED they were gathering evidence of some felony or crime involving violence etc. If they did, anda judge finds it so and agrees...then it is admissable without consent.

Crap. Oh well... Things couldn't get much worse anyways. [:'(]

This begs the question, if allowed, of what's going on?  If it's the police and they are doing it without a warrant, they had better get a warrant after beginning in order to explain their probable cause.  I'm pretty sure that if someone (other than police with probably cause/a warrant) cannot use a taped conversation without the other party's consent.

Tash you'd think so but the law says otherwise. If you read the passage I excerpted.....ANYONE can record a phonecall incoming to their private residence if they believe it relates to a felony or violent crime. This would apply if some freak you used to date, or something...called you periodically to tell you he hated his mother and wanted to kill her....or a co worker who was fired called you because they had your number, and began making  "terroristic" threats against a business or job, etc. You'd probably miss the first call...but if they called again you are well within your rights to record it and play it for the police...
 
I personally am fine with that.
 
The police would likely get a warrant...the private citizen would likely get the police, lol.

Thanks. Edited.

Oh lord, Shannon.  What a totally crappy thing to have to deal with. I know it won't do any good to tell you not to let the stress get to you, because there's no way you can do that. There must be someone (friend, relative, other parent, teacher, etc.) who can vouch for the fact that you're a good mother and that the kids are well taken care of.  We'll keep you in our thoughts and prayers - keep us posted. ((((((((HUGS))))))))

[size="3"]Joyce


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Oh Shannon, kids can be pretty stupid sometimes.  They just don't understand their actions most of the time.  I'm so sorry you're going through this.

Gina, if you, as a person, tape a conversation coming into your home without the other person's consent, it cannot be used in a court of law as evidence solely.  Now, that's not to say that it can't be used for probable cause to go get other stuff, get a warrant, etc, as the passage states.  But if all you had was one conversation where the other party didn't know they were being recorded, I'm pretty sure it would get thrown out.  And the passage you quoted involves felonies with violence and other specific types of crimes.  Now I'm not sure, from Shannon's post, who did the recording and what the recording was on, but unless there was a crime as described above, I doubt it would stand up in court.  An attorney should know for sure.

When I worked as a law enforcement officer, you can't, as a LE officer, record something without the other's consent or a warrant, because the judge will throw it out.

Tash lol you repeated more or less what I posted. I posted it and said "felony or violent crime" I posted it then said the "person" would likely go to the police, and the cops would get a warrant...etc. I posted it not knowing the situation the OP was in, and not really needing to know, as it is (was) a private matter.
 
To the OP, I hope things turn out the way you hope and wish you all the best.
 

All of this is new to me. Sorry if the story of the he** I'm living through makes people upset. 

In most cases police can wiretap and record if a warrant is obtained first.