Selasa, 01 Oktober 2013

When is it legal to use a voice recording in CA?

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Sara


When is it legal to use a voice recording in the state of California? I have a difficult "roommate" situation. My boyfriend and I have a lease for a house from August 5, 2010 through February 28, 2013. My boyfriend allowed a "friend" to stay as a guest starting in September 2012. He still has not left, has definitely overstayed his welcome, is not on the lease and refuses to fill out paperwork for the property managers, and is threatening to sue us or the property managers for subletting. He is, clearly, making our life hell, even after all we have done for him when he had no where else to go. He still owes his last legitimate roommate money for rent, owes $600 to SDGE (they came and shut down our service and account when they found out he was staying with us), and he has literally no money. His car's registration tags expired January 2012 and he then registered it as a non-op in December 2012 AFTER it got impounded, yet he still drives it everywhere.
Anyway, I have a voice recording of the three of us arguing the other day and was wondering, if we were to have to go to court, would it be legal to use it since my voice and my boyfriend's voice are both on the tape?
Also, how can we go about getting him out of our house? What are the laws as far as how much notice we have to give him (or if any) and how to go about calling the sheriff to escort him out? If we do have to give him (x) days notice, do we have to certify mail it for proof he would have received it? I have heard anywhere from no notice to 3 days notice to 30 days notice so please someone help who really knows and please provide a reference.
He is not legally allowed to be here, we have informed the property managers of the situation so we would not get in trouble for subletting (even though there was no written agreement in the first place for it to be even called subletting), and we have purchased a security camera system in case he decides to try and vandalize the house or our cars once we kick him out. He is threatening us because he does not believe even 56 days notice is long enough and is trying to force us to renew our lease for his benefit. He is obviously unstable, unpredictable, and I feel like myself or my personal belongings are at risk. I want him out as soon as legally possible. What are my options?
If he wants to play hardball like he is threatening, I am determined to take him down, leave him with nothing, use police escorts, and if possible, even get his car re-impounded for operating a registered non-op for all the trouble and upset he is causing me. How do I do this!?



Answer
When you have the consent of all parties being recorded (or let's say all parties understand that they are being recorded) . . . or when in a public place where there is no reasonable expectation of it being considered a private conversation/discussion.

California is a "two-party" consent state in this respect. "One-party" consent states (like Georgia, where I live, do not need that - and I have used that right constructively).

There are pretty strict laws/penalties concerning this, I suggest you read the page linked to in "Source(s)" below.

is there a possible way to make a transmitter and a reciever to make my security camera wireless?




Ray M


i have a security camera that is wired. i want to make it wireless without spending much, or even ANY, money at all. is this possible and if it is, how do i do it?


Answer
Don't be so cheap. There are lots of cheap wireless security systems out there. You're asking the impossible.




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