He wouldn't answer the question.

Based on his familiar facial expressions, I assumed the answer had to be "yes." And for the record and to be clear, yes, I was just assuming that.

I had mixed emotions.

Technically, since he didn't verbally answer the question, he was "safe", meaning he didn't confirm or deny. But I know this man and I know he's mentioned recording others with their conversations in the past.

My friendship with him granted him some latitude.

I stopped the calm shivers that went up my spine, quickly filtering back through our conversations, wondering which ones had been recorded or not.

Maybe he was just doing it for practice. I'm one of the "safe" friends in this person's life. Maybe he was just practicing. It wouldn't be the first time for an innocent and unknowing experiment (or prank).

That had to be it.

But, not gonna lie. Since, then I make sure I choose my words a teensy-bit more carefully.

Utah is a one-party recording state, meaning that if at least one person knows you're recording (you or them), you an can record the conversation.

If a person is from a two-party recording state, then you must inform the other party you're recording the conversation and gain their consent.

This means if you have a sister-in-law you absolutely hate talking to, visiting from a two-party recording state, and you decide to record the conversation -- you're required to fess up and gain consent.

I know people ignore this all time. I know I did once.

I also knew though at the time I did so, most likely it was just my fear prompting me to record the conversation. I also knew that nothing would most likely happen and that it would never come up in court. I just felt better knowing I was being "recorded in case something happened to me."

I was right. Nothing happened and it didn't come up in court. (And no, I no longer have the recording).

So what happens if it does comes up and you try to use that recording as evidence?

It's gonna get tossed out eventually. Lawyers may argue over whether or not it's admissible, but it isn't. If you didn't gain consent while recording a two-party state individual, you can't legally use it as "evidence."

  • Does that mean someone didn't admit to something they shouldn't have?
  • Does that mean the crime won't be solved or that you can't prove that you were telling the truth about what happened?

Nope. If something happened, it happened. If you have proof it happened, then you can prove you were telling the truth. Can it be used in court? Not always.

The legal course teaches you how to handle these situations.

Get the keys to justice: http://www.keystojustice.com