Experience - must read.

Nov 02, 2003 29 Replies
M

You are mistaken on both counts.

People have been prosecuted for killing burglars. It is illegal in most instances to use excessive force to prevent a non-violent crime. In some states, there are protections for someone killing a burglar who enters a residence (no-knock laws), but they definitely have prosecuted people for killing burglars in a business.

The question of recording a conversation depends on whether it is on the phone or in person. Different laws pertain to these, and different states have different laws regarding both of these situations.

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C

You do not have the Iowa rules quite right. Iowa allows tapping of conversations as long as one party to the conversation authorizes the taping. If you are one of the parties, it is OK.

From

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: Iowa Code § 727.8: It is a misdemeanor in Iowa under general criminal laws to tap into a communication of any kind, including telephone conversations, unless the person listening or recording is a sender or recipient of the communication, or is openly present and participating in the conversation. Thus, one party to a communication generally may record it without the consent of the other parties.

Other references:

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Regards,

Ed White

Joshua Smeltser wrote:

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M

C.E. isnt that the law in most if not all states. Or are you supposed to inform the other party that you are taping them. Not that it will change what i do , just curious.

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M

In some states it is perfectly legal to tape a phone call without informing the other party. In many states it is illegal. In some states, the laws are different for phone calls vs. conversations in person as to whether they can be taped.

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M

Phillip , possibly , or an unexperienced person........as are alot of people...

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C

SEE

Other references:

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C.E. isnt that the law in most if not all states. Or are you supposed to

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M

Every state that I looked at in the first link (I did not check all of them) do not have laws against taping a conversation in person (conversation not on the phone, etc), assuming that one of the persons knows about the taping (which would have to be case if the person was wired)..

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M

Actually I need to amend that. There are some states (i.e. Washington) that require consent to record a one-on-one conversation (not on the phone).

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X

can be the person recording.. ed/ontario

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