Legal Question in Criminal Law in California
recording face to face communications
a person admitted to me in an
unrecorded telephone conversation
that they sold some personal
property (a watch valued at
$50,000) i let them borrow. i know
it's illegal to record any
conversation where a ''reasonable
expectation of privacy'' exists that
includes telephone conversations
and conversations in private places
like his home. I'd like to get him to
admit this again, but on a recording
that could be used against him. So,
my question is let's say we meet at
a crowded restaurant patio on a
busy street in Los Angeles and I
record the conversation. Would a
''reasonable expectation of privacy''
exist in this situation? Is it too risky
for me?
3 Answers from Attorneys
Re: recording face to face communications
You may be better off going to law enforcement with your information. This would be considered grand theft...a Felony. Law enforcement can have you do a pretext call to this person from the sheriff's department and they would record the call. David Wallin at www.wallinlaw.com
Re: recording face to face communications
Mr. Wallin is correct. You could be guilty of a criminal act if you record on your own. As a police agent however, you could do this, and I think that is your best course.
Re: recording face to face communications
There are risks, and nothing can change them. Recordings are sometimes admissible if done to document a possible crime. The other attorneys are correct in advising you contact police. Then, if they 'wire' you, it will be risk free.
Separate from that, you could still file a suit for the theft if there was any likelihood of being able to collect if you got a judgment. IF serious about doing so, and if this is in SoCal, feel free to contact me.
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