Wiretapping law(s) in CA? Can a person....?
Recently,, I had a conversation recorded without my knowledge and consent. Is CA a one or two party consent state?
This person then took the recorded conversation and used it against me in a manner to destroy my creditability and committed a number of other crimes against me including extortion, making terroristic death threats. Certain wiretapping laws were put in place Jan 1st, 1994 but there seems to be confusion if CA is a one or two party consent state?
Any clue as to which CA currently is? Is what he did illegal?
- KC V ™Lv 79 years agoFavorite Answer
From what I've found on the internet, California is a Two-party Consent State.
In the case of Kearney v. Salomon Smith Barney, Inc., S124739 (Sup. Ct. Cal. July 13, 2006) the US Supreme Court ruled in favor that persons calling from One-Party Consent States were required to adhere to the more stringent requirement of two-party consent.
Understand that there is a difference between "wiretapping" and "in-line recording."
Wiretapping is the result of a court order giving permission to listen in to a phone conversation where neither parties engaged in the phone conversation are aware. "In-line recording" or a recording obtained by holding a recording device to the earpiece of the telephone or using an in-line microphone to listen to the call is what you seem to have been subjected to.
I would contact an attorney and get their advise on your options.Source(s): Police Officer +30 years