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Recorded phone call from NC to FL? Is this legal?

Miami, FL |

My ex filed a case against me. The police gave her a recording device to take home with her to record conversations with me. (To my understanding she did not break the law by doing so.) However, her current husband (who was never told by police to record anything) also recorded phone calls between he and I. Being that he was not under the instruction of law enforcement, and never even spoke to them to my understanding, and FL is a 2 party consent state (even though NC is a 1 party consent state) does this mean he broke the law? I live in FL and they live in NC.

Attorney Answers 1


Under Florida law it is a crime for a person to surreptitiously record another while on the phone. That being said, there is indeed a law enforcement exception and any person surreptitiously recording another at the direction of law enforcement commits no crime. It may very well be a crime for the other person to record you without your knowledge or consent, but there would need to be proof that he wasn't told to do so by a police agent where he resides. If you believe a crime was committed against you then you should report the crime to the police here (using their non-emergency line). Be sure to provide them with any evidence you have.

This is not to be considered legal advice nor does an attorney-client relationship exist.

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