Legal Question in Criminal Law in New York

recording of phone conversations

In New York State, where I reside during the summer months, it is legal to tape record phone conversations without telling the person being called they are being tape recorded. In Florida, this practice is illegal. If I make a call from New York State to a person in Florida, and I do not make them aware I am tape recording the conversation, can I be prosecuted in Florida if I later use this recorded conversation as evidence in a Florida legal matter when I return to my Florida residence in the Fall?


Asked on 8/09/06, 2:34 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: recording of phone conversations

Generally in the State of New York it is permissible to record a conversation with another party so long as one of the parties consents to the recording. WHat this really means is that so long as if you want to record a conversationwith someone else, and you consent to it yourself... it�s ok. It sounds slightly odd but this is the Law in New York. However, if you intend to introduce evidence that was gathered in this way into a Florida court you may very well find that will the evidence was gathered legally here, a Florida court may not permit the evidence in their Court as gathered illegally since from what you say their law holds this activity as illegal.

Hope this helped, feel free to contact me on this or any other matter. 2127098303

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Answered on 8/10/06, 8:16 am


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