Legal Question in Technology Law in North Carolina
I was visited unexpectedly by a former co-worker at my home in NC. She is embattled in a CPS case in the county where I work for DSS. She came into my home asking questions which I told her I could not answer. She proceeded to hold general conversation and in the meantime she was secretly audio recoding. I asked her was she recording and she told me know. Can she use any information on that audio recording in court?
1 Answer from Attorneys
Possibly. North Carolina is a one party consent state. That means only one person to a conversation (her) has to have knowledge of and consent to the recording. Whether any information on the recording is admissible or helpful in the case is another story. For instance, there is a general rule in Court, that out of court statements can't be used...although there are exceptions.
The audio recording cannot be used unless you are testifying in the case and to be used if you testify differently than how you commented on the recording.
The best advice is that if someone you know is involved in a DSS matter, is to not have contact with them at all until the matter is resolved. You may want to speak to an employment attorney to determine if you want to report this conversation to your supervisors.
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