QUESTION

If someone is on the phone and I walk up and ask "do you consent to this conversation being recorded" and they agree, can it be used in court?

Asked on Dec 21st, 2019 on Domestic Violence - Louisiana
More details to this question:
Threats being made over the phone but not through text so it can't be documented, this is the only other way I can think to get it figured out. There's also a restraining order against the person.
Report Abuse

1 ANSWER

DUI/DWI Attorney serving Lafayette, LA at Boustany Law Firm
Update Your Profile
Louisiana is a one-party consent state to recording conversations. This means that in Louisiana, you are legally allowed to record a conversation if you are a contributor to the recording. There is not even a necessity that you make a statement asking for their consent to record. All that is required is that you are a party to the recording and can be heard on the tape. Recordings of conversations that you are a part of are also admissible as evidence in civil and criminal proceedings so long as the recording meets certain criteria: (1) That the recording device was capable of taking the conversation now offered in evidence; (2) That the operator of the device was competent to operate the device; (3) That the recording is authentic and correct; (4) That changes, additions or deletions have not been made in the recording; (5) That the recording had been preserved in a manner that is shown to the court; (6) That the speakers are identified; and (7) That the conversation elicited was made voluntarily and in good faith, without any kind of inducement. Though I do not know the specifics of the restraining order you have in place, threats made to a protected party are a violation of the protective order and in most Louisiana courts it is common for the order to state that the retrained party be prohibited from making harassing phone calls. Recordings of those threats can very likely result in the Court finding that they are in violation of the restraining order.
Answered on Dec 27th, 2019 at 11:06 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters