About the California wire tapping laws

[mightymoose]

No... My perspective was from a criminal standpoint as that's all I really deal with. I agree it wouldn't work in a civil case, but I conditioned it on having grounds for a restraining order as sometimes recordings are granted as they are the only means of proving violations of the order.

 

[leslie82]

i'm a believer that the laws exist to defend what is morally correct, not defend what is morally incorrect.

so which leads me to a situation. what if there is a criminal. trying to remove any ways of getting caught(no text conversation, no recorded phone calls allowed, because these are the ways he'd get caught and lose in court, he doesn't want that, so he says it's not allowed). so the transaction is purely over the phone. so he's twisting wiretapping laws to defend what is morally incorrect, he has a history of robbing people, etc. he can't get caught, the law defends him(so as he claims), and so he continues making people victims.

i feel this is wrong. i feel i should be able to record him, IF AND ONLY IF i can use it in court if need be. i'm not recording him and posting it online to shame him. this is really to fight for what is morally correct, and stop someone who is taking advantage of victims on a wide scale.

the illegal to record laws originally in my opinion are against what is morally incorrect, like putting up hidden cameras in changing rooms etc is morally incorrect.

it's gotten to the point, people are either heavily misinterpreting this law(i hope so), or it needs to be revised/rewritten/clarified. just my opinions here. i think it shouldn't defend crime or shield crime from getting caught.

can i record a suspected criminal activity taking place over the phone if i need to use it in court to defend myself?

moving out of california is not an option, and quitting my employer is not an option.

Laws exist because some governing authority makes them. Not because they are moral or immoral. There are some laws out there that make things illegal that shouldn't be and some things that aren't illegal that perhaps should be.