I am looking to make a case against my probation officer
Recording a conversation that your a party to is different than recording a private conversation your not a party to. If he was recording the meeting he was having with you, that would be fine. There isn't any expectation of privacy (in the legal sense) in a parole meeting. Plus, if your on parole, you don't want to be "making a case" as these are the folks that determine if you go back to jail. I know they are suppost to play fair, but.....I'm not holding my breath. I've seen them do some shady things, plus the have quasi-judicial immunity at suit for most actions.
Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.
So long as one of the parties to a telephone conversation has knowledge that the conversation is being recorded, then recording the conversation is acceptable. Specifically, if your probation officer records his conversation with you, then one of the parties (the probation officer) knows that the conversaton is being recorded and recording is acceptable. Likewise, if you record the telephone conversation with your probation officer, then you know the conversation is being recorded and recording is acceptable. If someone other than you or your probation officer is recording the telephone conversation between you and your probation officer, and neither you or your probation officer know the conversation is being recorded, then the person recording the conversation is committing a crime. If you are having a conversaiton with someone in public, unlike a private telephone conversation, your conversation could be recorded as you and the other person would have no expectation of the convesation being private.
This response is given solely as a general response to the question and does not create an attorney / client relationship between the questioner and responder.