Legal Question in Criminal Law in New York
Is a court order always required for a udercover operation requiring the subject to be taped recorded?
Asked on 7/13/10, 5:41 pm
2 Answers from Attorneys
peter bark
bark & karpf
if one party consents, no court order is required, otherwise a court order is required.
Answered on 7/15/10, 3:19 am
Benjamin J. Lieberman
Lieberman Law Firm PLLC
The prosecution would be required to obtain a court order if they wish to utilize a wiretap. New York State however is a one party consent state which means that so long as one party to the conversation allows for it to be recorded then it is perfectly legit without the need of a court order.
Answered on 7/15/10, 1:32 pm
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