quote:

Originally posted by DaveL:
You have to be really careful here. You’re obviously aware of Florida’s wiretapping statute, which requires both parties to consent to the recording of a conversation. That means, among other things, that the other party has the right not to consent as well.

Florida also has a video voyeurism statute which prohibits recording images of people in a place where they have a legitimate expectation of privacy. There are some limitations based on the motive of the person doing the recording but I wouldn’t want to hang my hat on those.

If you have a concern about a specific person you could tell them that you will be recording all of your conversations from this point forward and, accordingly, not to speak to you unless they agree to be recorded. This consent should, obviously, be in writing or recorded.

quote:

Originally posted by comet24:
If your getting a divorce do you have a lawyer? If so ask them. If not get one now.

quote:

Originally posted by Belwolf:
Dear Legal Eagles,

I want to place a camera/voice recorder in my livingroom. As I understand this is legal as long as those inside are told they may be recorded and the camera is not placed in a room such as a bathroom or bedroom. It will only be used when I am present.

If someone living in house objected can they legally prevent this?

quote:

Originally posted by bigdeal:

quote:

Originally posted by DaveL:
You have to be really careful here. You’re obviously aware of Florida’s wiretapping statute, which requires both parties to consent to the recording of a conversation. That means, among other things, that the other party has the right not to consent as well.

Florida also has a video voyeurism statute which prohibits recording images of people in a place where they have a legitimate expectation of privacy. There are some limitations based on the motive of the person doing the recording but I wouldn’t want to hang my hat on those.

If you have a concern about a specific person you could tell them that you will be recording all of your conversations from this point forward and, accordingly, not to speak to you unless they agree to be recorded. This consent should, obviously, be in writing or recorded.

I'll offer this after discussing a similar issue with an attorney friend of mine.

I have two cameras installed in the core of my home as part of an overall video security system. The system automatically monitors and records based on motion in or around the house. Come into my home and you have no expectation of privacy. Also, the video voyeurism aspect is easily defended 'if' the cameras are truly setup as a home security system (i.e. installed in plain site and not a hide a camera inside a teddy bear on a shelf).

Every conversation had in my family room or kitchen is likely recorded, though the audio is somewhat iffy at times given the other noise in the room.