Legal Question in Civil Litigation in Ohio

Phone call as evidence

Is it legal to have a third party listen in on a phone call and that third party use the conversation as evidence without the consent of the person called?


Asked on 9/30/03, 11:11 am

1 Answer from Attorneys

Robert Guehl Guehl Law Offices

Re: Phone call as evidence

There is a general prohibition on "wire-tapping", that is, a third-party listening in to a telephone conversation of two other people, without their knowledge, and in the absence of a court order. However, if someone is standing next to you while you are on the telephone, and overhears the conversation, that person is a witness like any other, even if the person on the other end of the line is not aware of their presence. Likewise, if that person is on an extension phone, and the other person is not aware of it, there is nothing illegal about it (though it may be rude, unethical, and downright sneaky to do so.)

It is always important to remember the power of your words, and be aware, as a Buddhist gatha states:

"Words can travel thousands of miles. May my words create mutual understanding and love. May they be as beautiful as gems, as lovely as flowers."

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Answered on 10/06/03, 8:58 am


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