# What is the legal admissibility of audio recordings?

**URL:** <https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703>\
**Category:** NYSpeed Off Topic\
**Created:** [October 22, 2012, 12:35pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703 "2012-10-22T12:35:21Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![97FormulaWS-6](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/97formulaws-6/32/7384_2.png) [@97FormulaWS-6](https://forums.speedlife.net/u/97FormulaWS-6)\
**Post date:** [October 22, 2012, 12:35pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/1 "2012-10-22T12:35:21Z")

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Long story short; without going into details too deeply.

A buddy of mine setup a audio recorder in his house, then left for the weekend. Caught some very shady things going on in his house while he wasn’t there.

Is this tape legal evidence for a civil case, or does NYS have a law about at least 1 person on the tape has to know it’s being taped? (Even though it’s inside this guys own house and he wasn’t there, he’s the only one who knew about the recorder).

Anyone been in a similar situation/have experience?

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**Author:** ![focusinprogress](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/focusinprogress/32/7227_2.png) [@focusinprogress](https://forums.speedlife.net/u/focusinprogress)\
**Post date:** [October 22, 2012, 12:38pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/2 "2012-10-22T12:38:34Z")

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oh boy.

this is either his kids throwing a party or someone else in his household having teh sexy tyme

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**Author:** ![BOBBYGRV](https://avatars.discourse-cdn.com/v4/letter/b/ed8c4c/32.png) [@BOBBYGRV](https://forums.speedlife.net/u/BOBBYGRV)\
**Post date:** [October 22, 2012, 12:40pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/3 "2012-10-22T12:40:01Z")

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I am going to go with his wife got stuck by another bro dude.

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**Author:** ![LZ1](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@LZ1](https://forums.speedlife.net/u/LZ1)\
**Post date:** [October 22, 2012, 12:43pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/4 "2012-10-22T12:43:27Z")

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Audio Recording  
Most audio recordings without consent of one or all parties are illegal.  
Recording audio is very different from video, there are definite federal and state laws prohibiting surreptitious recording and monitoring of audio conversations. These laws are taken very seriously by authorities and failure to abide by them could result in severe consequences.  
There are two types of defined recording situations for audio recording. They are usually referred to as “One Party Consent” and “Two Party Consent”.

“One Party Consent” means that only the person doing the recording has to give consent and does not have to notify the other party or parties that the conversation is being recorded.

“Two Party Consent” means the person recording the conversation must notify all of the other parties that the recording is taking place and they must consent to the recording.

Federal Law requires “One Party Consent” for audio recording.  
Here is a list of state requirements regarding audio consent:

Here is a list of state requirements regarding audio consent:  
Note: Laws change constantly, please check your states current laws before engaging in recording.  
If you know of a change or error, please inform us.

States with “One party Consent” for audio recording

Alabama - One Party  
Alaska - One Party  
Arizona - One Party  
Arkansas - One Party  
Colorado - One Party  
District of Columbia - One Party  
Georgia - One Party  
Idaho - One Party  
Indiana - One Party  
Iowa - One Party  
Kentucky - One Party  
Louisiana - One Party  
Maine - One Party  
Minnesota - One Party  
Mississippi - One Party  
Missouri - One Party  
Minnesota - One Party  
Nebraska - One Party  
New Jersey - One Party  
New Mexico - One Party  
New York - One Party  
North Carolina - One Party  
North Dakota - One Party  
Oklahoma - One Party  
Oregon - One Party  
Ohio - One Party  
Rhode Island - One Party  
South Carolina - One Party  
South Dakota - One Party  
Tennessee - One Party  
Texas - One Party  
Vermont - One Party  
Virginia - One Party  
West Virginia - One Party  
Wisconsin - One Party  
Wyoming - One Party

States with “Two party Consent” for audio recording

California - Two Party  
Connecticut - Two Party  
Delaware - Two Party  
Florida - Two Party  
Hawaii - Two Party  
Illinois - Two Party  
Kansas - Two Party  
Maryland - Two Party  
Massachusetts - Two Party  
Michigan - Two Party  
Montana - Two Party  
Nevada - Two Party  
New Hampshire - Two Party  
Pennsylvania - Two Party  
Utah - Two Party  
Washington - Two Party

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<div class="post-metadata">

**Author:** ![97FormulaWS-6](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/97formulaws-6/32/7384_2.png) [@97FormulaWS-6](https://forums.speedlife.net/u/97FormulaWS-6)\
**Post date:** [October 22, 2012, 12:46pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/5 "2012-10-22T12:46:08Z")

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Thanks LZ - answers what I was looking for! Appreciated.

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**Author:** ![Event](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/event/32/5443_2.png) [@Event](https://forums.speedlife.net/u/Event)\
**Post date:** [October 22, 2012, 12:46pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/6 "2012-10-22T12:46:11Z")

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![http://i.imgur.com/I6GSf.gif](http://i.imgur.com/I6GSf.gif)

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**Author:** ![BOBBYGRV](https://avatars.discourse-cdn.com/v4/letter/b/ed8c4c/32.png) [@BOBBYGRV](https://forums.speedlife.net/u/BOBBYGRV)\
**Post date:** [October 22, 2012, 12:47pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/7 "2012-10-22T12:47:21Z")

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So how about one party recording of sound in your own home? That has to be different?

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**Author:** ![JayS](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/jays/32/15375_2.png) [@JayS](https://forums.speedlife.net/u/JayS)\
**Post date:** [October 22, 2012, 12:48pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/8 "2012-10-22T12:48:04Z")

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There’s a whole lot more info that would be required to answer this. You’re better off talking to an attorney.

To answer the first part of your question though, yes, NY is a 1 party consent state meaning 1 party in the conversation has to be aware surveillance is in place.

Where is gets interesting is what expectation if privacy these people in your house had, what legal rights they had to be there etc.

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**Author:** ![newman](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/newman/32/7569_2.png) [@newman](https://forums.speedlife.net/u/newman)\
**Post date:** [October 22, 2012, 12:49pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/9 "2012-10-22T12:49:09Z")

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> [@bobbyg1243](#):
>
> I am going to go with his wife got stuck by another bro dude.

+1

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**Author:** ![system](https://canada1.discourse-cdn.com/flex034/uploads/speedlife/original/2X/b/b7170c8eddc0b95ece6b88172b2f416a08489a45.png) [@system](https://forums.speedlife.net/u/system)\
**Post date:** [October 22, 2012, 12:51pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/10 "2012-10-22T12:51:09Z")

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I am super curious about what happened. Spill just a few more beans without giving anything away!

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<div class="post-metadata">

**Author:** ![97FormulaWS-6](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/97formulaws-6/32/7384_2.png) [@97FormulaWS-6](https://forums.speedlife.net/u/97FormulaWS-6)\
**Post date:** [October 22, 2012, 12:54pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/11 "2012-10-22T12:54:50Z")

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> [@JayS](#):
>
> There’s a whole lot more info that would be required to answer this. You’re better off talking to an attorney.
> 
> To answer the first part of your question though, yes, NY is a 1 party consent state meaning 1 party in the conversation has to be aware surveillance is in place.
> 
> Where is gets interesting is what expectation if privacy these people in your house had, what legal rights they had to be there etc.

And in this case no one in the house knew it was being recorded, so it was a 0-party consent.

True on the second part; adds some other “complications” to the admissible/not-admissible situation.

---------- Post added at 01:54 PM ---------- Previous post was at 01:52 PM ----------

Can’t give any more info away, bro-code prevents it in this case. (Combined with the probable legal/civil ramifications my buddy is dealing with).

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**Author:** ![LZ1](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@LZ1](https://forums.speedlife.net/u/LZ1)\
**Post date:** [October 22, 2012, 12:56pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/12 "2012-10-22T12:56:03Z")

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I solved your issue btw.

Have him play the tape back to the cheating bitch at the same time record her confession that will meet your 1 party criteria.

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**Author:** ![Fry](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/fry/32/7284_2.png) [@Fry](https://forums.speedlife.net/u/Fry)\
**Post date:** [October 22, 2012, 12:58pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/13 "2012-10-22T12:58:13Z")

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So brotato get caught forking another broad?

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**Author:** ![focusinprogress](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/focusinprogress/32/7227_2.png) [@focusinprogress](https://forums.speedlife.net/u/focusinprogress)\
**Post date:** [October 22, 2012, 1:07pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/14 "2012-10-22T13:07:26Z")

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> [@LZ](#):
>
> I solved your issue btw.
> 
> Have him play the tape back to the cheating bitch at the same time record her confession that will meet your 1 party criteria.

this is genious

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<div class="post-metadata">

**Author:** ![Event](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/event/32/5443_2.png) [@Event](https://forums.speedlife.net/u/Event)\
**Post date:** [October 22, 2012, 1:25pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/15 "2012-10-22T13:25:19Z")

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> [@focusinprogress](#):
>
> this is genious

Agreed, since the first recording (probably) isn’t valid in court, use it to bluff them into a recording that is.

Disclaimer: Not a lawyer.

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**Author:** ![Driftacular](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/driftacular/32/5724_2.png) [@Driftacular](https://forums.speedlife.net/u/Driftacular)\
**Post date:** [October 22, 2012, 1:50pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/16 "2012-10-22T13:50:14Z")

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or just confront her about it straight up? and be like bitch i caught u. whore!!! dirty WHORE!!  
lol

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**Author:** ![boxxa](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/boxxa/32/5045_2.png) [@boxxa](https://forums.speedlife.net/u/boxxa)\
**Post date:** [October 22, 2012, 1:50pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/17 "2012-10-22T13:50:33Z")

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Did you catch anyone talking about taking a camera?

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<div class="post-metadata">

**Author:** ![bing](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/bing/32/7211_2.png) [@bing](https://forums.speedlife.net/u/bing)\
**Post date:** [October 22, 2012, 1:58pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/18 "2012-10-22T13:58:32Z")

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doesn’t one party consent mean that only the person recording needs to consent to it? two party consent refers to the recorder and the recordee… no?

if this is a civil suit do you really need evidence like this to be admissible or not? if it were criminal then that would be different.

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**Author:** ![system](https://canada1.discourse-cdn.com/flex034/uploads/speedlife/original/2X/b/b7170c8eddc0b95ece6b88172b2f416a08489a45.png) [@system](https://forums.speedlife.net/u/system)\
**Post date:** [October 22, 2012, 2:01pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/19 "2012-10-22T14:01:20Z")

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Since we are all speculating a cheating ho-bag wife, would these recordings help him win out in the divorce?

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**Author:** ![Kramer](https://avatars.discourse-cdn.com/v4/letter/k/97f17d/32.png) [@Kramer](https://forums.speedlife.net/u/Kramer)\
**Post date:** [October 22, 2012, 2:06pm UTC](https://forums.speedlife.net/t/what-is-the-legal-admissibility-of-audio-recordings/226703/20 "2012-10-22T14:06:31Z")

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Yea we are all jumping to conclusion that is wife is a whore, which lets be honest they are all whores. With this being said it must be awful listening to that recording hearing your wife getting pounded out by another male.

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