Rules for Recording

July 16, 2015

By Vannoy Law Firm

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RECORDING PHONE CALLS

 “One party to a telephone conversation may lawfully tape the conversation without the other's knowledge or permission and subsequently disclose it.” Mays v. Mays, 267 S.C. 490, 494, 229 S.E.2d 725, 726 (S.C. 1976).  Thus if person A and person B are on the phone, person B can record person A without person A's consent.  If someone is having a consensual call with an agent for the police or is talking with the police in person, the police officer can record that conversation without the other party's consent.  State v. Andrews, 324 S.C. 516, 479 S.E.2d 808 (S.C. App. 1996).  Absent consent, a warrant, or order authorizing a recording, it is unlawful for government under most circumstances to record a phone call they are not a party too under both State and Federal law.  See South Carolina Code Ann. Sec. 17-30-10 and 18 U.S.C. Sec. 2510.

If you have questions about a search warrant, arrest warrant, or any other issue involving your personal rights and liberty, please feel free to contact my office.  If you have been charged with a DUI, traffic ticket, criminal offense, or a probation violation, feel free to contact me to discuss your options.  I also handle driver's license issues, parole cases, and other matters.  At my office, you will receive a free interview in criminal cases.  If retained, I will go about protecting your initial court appearance, if possible, and begin investigating the case.  If you have questions about a criminal or DUI case or questions about this article, feel free to contact me at (843) 761-0610.  If you would like to read more about South Carolina's DUI and criminal laws, copy/paste this link into your search heading https://bradyvannoy.com/blog/

If you have questions regarding a DUI or criminal case in Berkeley, Charleston, or Dorchester County, please contact my office today at (843) 761-0610 or through the contact page on this website.

Photo-3Brady Vannoy is a criminal defense lawyer in Berkeley County, South Carolina.  He carries a Martindale-Hubbell AV Preeminent Rating.  According to the rating system, "AV Preeminent(r) is a significant rating accomplishment – a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence."

Brady Vannoy is a member of The National Trial Lawyers, Top 100 Trial Lawyers in South Carolina.  You can find his profile at www.thenationaltriallawyers.org.

Brady Vannoy's office is located in downtown Moncks Corner.  He regularly takes cases in Berkeley, Charleston, and Dorchester counties.  Brady is a member of the South Carolina Association of Criminal Defense Lawyers, The National Association of Criminal Defense Lawyers, and The National Trial Lawyers, Top 100.  Brady defends DUI and all types of criminal cases in Berkeley, Charleston, and Dorchester counties along with other areas of the South Carolina low country.  He can be reached at (843) 761-0610, brady@vannoymurphy.com, or through the contact page on this website.

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