Should I record the person who's threatening me?

Kelvin P. Green 4.875 stars 16 reviews Rating: 7.6 Administrative Law Lawyer in Licensed in CA, CA Reveal number tel: (801) 666-2022 Private message Call Message Profile Posted on Jul 31, 2014 Consent must be consent. I don't believe that just holding up a camera and telling them you are recording is a true consent. However the code also states that the conversation must be confidential. If it is in public and includes screaming and yelling, it probably is not confidential. This is so circumstance dependent... If the neighbor comes to your house and property and is screaming and making threats, call the police, let the dispatcher hear the nonsense...trespass, stalking, making threats are crimes. Go after a restraining order. You don't need recorded evidence for a restraining order, if the person yells at you they will act stupid in court or not appear, either way you have credibility, they don't. Your testimonial evidence may be enough. Remember it does not have to be recorded.. If while it is happening or just after it happened, write down the details ..it may be admissible hearsay and you don't risk the possibility at all of an illegal recording. This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established. More 0 found this answer helpful helpful votes | 1 lawyer agrees Undo Vote Helpful Undo Unhelpful Undo 0 comments

Nicholas Basil Spirtos 4.3333333333333 stars 6 reviews Rating: 1.0 Construction / Development Lawyer in Pomona, CA Reveal number tel: (909) 455-1194 Private message Call Message Profile Posted on Aug 4, 2014 The two party consent rule requires consent to any communication that could be considered confidential. A neighbor threatening you in such a way that it could be overheard by a third party would probably not be considered confidential. I believe there is also an exception to the consent rule if there is a threat or some criminal activity involved. There is also implied consent. That has been upheld as legal consent. If you tell the person that you are recording, and they continue talking, they have impliedly consented to being recorded. That is why when you call various service providers, they warn you that the call may be recorded. By continuing, you have consented to the recording. There are limits. But in your case, you probably would be okay recording. More 0 found this answer helpful helpful votes | 0 lawyers agree Undo Vote Helpful Undo Unhelpful Undo 0 comments