Legal Question in Criminal Law in Louisiana

Taping telephone conversations

The general rule is that telephone conversations may be recorded as long as one of the parties consents to the recording.

The minority rule is that either both parties must consent to the recording or both must be aware by a series of tones during the conversation that recording is being done.

I would advise you to check with an attorney in your locale to see what the law is, there.

Taping Phone Calls

Short answer is that it depends on the state you are in.If you were in Tennessee I could tell you conclusively that you can tape any convesration to which you are a party without informing the other party.But the rule varies and there are some states that require all parties being recorded to be told in advance, or to consent in advance.Generally speaking if you have it recorded legally, you can use it in court, but only to impeach a witness, and not to substitute for the testimony of a live witness the other side could cross-examine. There are some jurisdictions, however, that take the position that even if the tape was illegally made it can still be used as evidence the same as any other tape and it the person making the recording is to be punished that should be done independent of keeping good evidence out of court.

Taping calls to which you are a party

In NC a person may tape a phone call to which he is a party, and it is admissible in court. Taping third-party conversations is illegal, and, incidentally, in NC a lawyer can be sanctioned by the Bar for even listening to the illegally-taped recording.