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Are voice recorders legal in VA?
Posted: Wed, 05 Jan 2011 07:06:24
by AlanM
Of course they are. My question is really what/who can be legally recorded?
As my information shows I'm currently living in Ohio and have an Ohio Concealed Handgun License but will probably be moving to the Charlottesville area this summer.
In Ohio it is legal to record ANY conversation as long as ONE of the people being recorded is aware of the recording.
That being said many of us that carry both concealed and, on occasion open, carry a small digital voice recorder at all times in case there is a interaction with someone such that audio evidence of the encounter would be beneficial.
This doesn't necessarily mean a bad interaction with an LEO but usually does.
My question is: what are the equivalent laws with respect to recording conversations in Virginia?
I've done a quick search of these forums and not found anything helpful yet.
Re: Are voice recorders legal in VA?
Posted: Wed, 05 Jan 2011 10:53:12
by grumpyMSG
Do a web search for the "Code of Virginia". I believe it is something to the effect of, as long as one of the parties knows it's being recorded it is OK. Now if you cross into MD I know it is a different story and both parties in a conversation must know. That was what caused a lot of the heartburn during the Clinton administration, one illegal/ improper act was caught and the evidence was obtained by another illegal act and not admissable in court.
Re: Are voice recorders legal in VA?
Posted: Wed, 05 Jan 2011 13:39:34
by allingeneral
http://leg1.state.va.us/cgi-bin/legp504 ... 8.01-420.2
§ 8.01-420.2 wrote:
§ 8.01-420.2. Limitation on use of recorded conversations as evidence.
No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded or (ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment of a marriage. The parties' knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded. This section shall not apply to emergency reporting systems operated by police and fire departments and by rescue squads, nor to any communications common carrier utilizing service observing or random monitoring pursuant to § 19.2-62.
Re: Are voice recorders legal in VA?
Posted: Wed, 05 Jan 2011 14:01:32
by Jakeiscrazy
I searched all over for the exact code but code only find this.
http://forum.opencarry.org/forums/showt ... rding-LEOs
Re: Are voice recorders legal in VA?
Posted: Thu, 03 Feb 2011 15:30:47
by Hilemark
"....of a telephone conversation shall be admitted into evidence in any civil proceeding unless..."
So then does that mean that if the conversation is not on a phone then it can be recorded? Also if the conversation is not going to be "used in a civil proceeding" then it is alright to record a conversation?
I too have been thinking about getting a digtal recorder to have just in case there is some encounter with someone that is not going to tell the truth about what was said in the conversation.
Sure would like to hear from someone that already has a digtal recorder.
Re: Are voice recorders legal in VA?
Posted: Thu, 03 Feb 2011 16:24:51
by gunderwood
Hilemark wrote:"....of a telephone conversation shall be admitted into evidence in any civil proceeding unless..."
So then does that mean that if the conversation is not on a phone then it can be recorded? Also if the conversation is not going to be "used in a civil proceeding" then it is alright to record a conversation?
I too have been thinking about getting a digtal recorder to have just in case there is some encounter with someone that is not going to tell the truth about what was said in the conversation.
Sure would like to hear from someone that already has a digtal recorder.
Most smart phones already can do that. Better yet, they can record while locked so that should make it much harder for a corrupt LE to erase. Even if they manage to do so, there will be logs that they did it and it likely will still be in the FLASH anyways. Make sure it is quickly accessible and keep a password on your phone.