Originally Posted by justjimjpc
No it is Not ... I quess you are a communications lawyer ....
Wire-Tapping is a third party activity ... a caller or called party has no reason to tap their own line ... to gain knowledge ... by your thoughts... it would follow that you answering message machine (or voice mail The calling party surely knows they are leaving a recorded message ) is wire-tapping ...
You are wrong! Do not offer your personal oppinion in which someone might use it and get in to a lot of trouble.
Federal wide-tapping laws are as follows. You must verify that you are speaking with the inended party or an authorized representative for the party in which they state their name and relation. You must then state the call will be recorded.
No 3rd party needs to be involved. A recording of a telephone call or of a conversation (in a private dwelling) is wide-tapping.
You need not inform someone of a recording or video if in a public area or you have the permission of the property owner/official.
Any information obtained illegally will almost always be thrown out of court. You may also be held accountable for your actions.
Your car is also an extension of your home, however, you do not need to advise someone of a recording while you're in your car. You can record police pullovers as evidence if needed for your defense just as they do with audio and video in their cruisers.
I hope this helps.