Legal Question in Civil Litigation in Pennsylvania

illegal or legal

is it illegal for me to taperecord or somehow video tape a person without thier knowledge and use whatever information o have against them in court?


Asked on 5/18/02, 7:45 pm

2 Answers from Attorneys

Scott Diamond DIAMONDLAWYER

Re: illegal or legal

it depends. this question is fact specific, you need to review the statute that deals with this for a proper answer as it pertains to your set of facts.

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Answered on 5/20/02, 9:13 am
William Marvin Cohen, Placitella & Roth, P.C.

Re: illegal or legal

With all due respect, Scott's reply is useless.

In Pennsylvania, it is DEFINITELY ILLEGAL to audio tape record another person without their knowledge, EVEN IF THEY'RE TALKING TO YOU!! Pennsylvania is an "all party consent" state and any electronic interception of a communication is illegal. Evidence obtained by such means is inadmissible, and people have been prosecuted for violating this statute.

There are some exceptions, for law enforcement with warrants, or in situations where a person doesn't have a reasonable expectation of privacy. But it would be foolish to rely on those exceptions.

Videotaping a person's actions in public is a common investigative practice, but that's not "communications." Typically, insurance companies may do surveillance on a claimant to see if he's active when claiming to be disabled.

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Answered on 5/21/02, 11:42 am


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