Wasnt sure where to post this question

**freyadog** · 11-27-2007, 11:17 AM

Need some feedback if possible.

Your brother is married. Wife is running around, moved out, moved back in. sleeping in separate bedrooms. she wants a divorce, then wants counseling etc. whirlwind situation.

Ok...is it legal for him to listen to her in his car by taperecorder to see who she has in the car talking to or who she is talking to on the phone in the car?

**baxjul** · 11-27-2007, 11:19 AM

Ummm, not sure.

**sdrjeolsen** · 11-27-2007, 11:22 AM

Not sure, I would think she could call a city government type place and ask, like police or city detective. Good luck, sounds like a sad situation.

**Missy** · 11-27-2007, 11:25 AM

I don't believe so. Understand that all my "legal knowledge" is gleaned from TV court shows. And we all know how accurate that is

but I seem to remember something about video or listening devises being against some privacy laws or something. Something about people being afforded certain levels of privacy and the right to expect privacy in certain situations. (I think in this case the woman was in a bathroom or bedroom or someplace having a phone conversation, was recorded and the recorder got fined for invading privacy) I can't remember what it was, and my recounting may be totally inaccurate. It's just what jumped out at me from the show. I may be WAY WAY off. good luck just the same.

**Kitten20** · 11-27-2007, 11:37 AM

I don't know. I googled "tape recording law" and found this link. Hope it helps!

http://www.rcfp.org/taping/

**frugalfarmwife** · 11-27-2007, 11:43 AM

If he only wants to do it to confirm suspicions to finish the relationship I'd do it. But I wouldn't make it public knowledge and would NOT try to use it as part of the divorce, etc.

It's sneaky, but it's for his sanity and his future, he deserves to know.

Sorry he's going through this, some people just have no standards/morals, sad isn't it?

kj

**lunarstar9** · 11-27-2007, 11:44 AM

I think it depends on what state he is in. All states have different laws! If only for his personal use it might be ok but to use it in court is a whole different thing!

**freyadog** · 11-27-2007, 01:00 PM

thanks for the input. He is so soft hearted I just wish he would throw her out and be done with it but he just keeps letting her back in even though they are sleeping in different rooms. I think he just wants this for his peace of mind. just to see exactly she is really up to. Nothing to use in court or whatever.

**leezza** · 11-27-2007, 01:07 PM

I don't know if its legal but I think it would be Ok used for what he wants just as proof......heck, if he has the money he could get a private investigator.....just an idea. Tell him to keep whatever he gets in case he needs it for the divorce.

Sorry your brother is going thru this.

leezza

**powerfm1** · 11-27-2007, 01:39 PM

If t he car is only in his name it is probably all right.

I do know that it is perfectly legal to record something if it is on you (not in a purse or handbag) and you are where you are supposed to be doing what you are supposed to be doing.

We used this technique a lot and the women won their sexual harassment complaints.

**MarshHen** · 11-27-2007, 06:18 PM

Like others, I'm not really sure, but if in doing so it would help him see that he is better off to just let her have the divorce, then I say he should do it. It may help him have closure on the relationship so he can go on with his life.

I'm so sorry that he is going through this, I hope everything works out for him.