in a custody dispute, can a private investigator record phone conversation or testify as to what was discussed on the phone???

Florida....

without the express consent of each person who participates in the phone call is a crime in CA -Penal Code Section 638.  It is not illegal in several other states.  The CA Supreme Court recently held that a financial advisor located in Atlanta, GA who recorded the phone calls of his CA client without her permission, could be sued in CA by the client for such "illegal" recording.

I would have thought that federal courts would have jurisdiction when the call crosses state lines, no?

(still not a lawyer)

most states & nations will assume jurisdiction over a case based on harm to residents.  

The obvious problem is getting him served, and in the US, that's just a matter of willpower.

http://www.leg.state.fl.us/statutes/

or talk to a FL lawyer.

Here is tFla. Stat. ch. 934.03: All parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication in Florida. Recording or disclosing without the consent of all parties is a felony, unless the interception is a first offense committed without any illegal purpose, and not for commercial gain, or the communication is the radio portion of a cellular conversation. Such first offenses and the interception of cellular communications are misdemeanors. State v. News-Press Pub. Co., 338 So. 2d 1313 (1976), State v. Tsavaris, 394 So. 2d 418 (1981).

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Fla. Stat. ch. 934.02.

Anyone whose communications have been illegally intercepted may recover actual damages or $100 for each day of violation or $1,000, whichever is greater, along with punitive damages, attorney fees and litigation costs. Fla. Stat. ch. 934.10.

A federal appellate court has held that because only interceptions made through an "electronic, mechanical or other device" are illegal under Florida law, telephones used in the ordinary course of business to record conversations do not violate the law. The court found that business telephones are not the type of devices addressed in the law and, thus, that a life insurance company did not violate the law when it routinely recorded business-related calls on its business extensions. Royal Health Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991).

Hope this helps.  As always might want to call the local DA office to persue this matter or call an Attny. Do you know who the PI is?  Do you have a copy of the tape?  Plus looks like you could always go the civil route if you are looking for $$$$.

thank you spike.  But in laymans terms, A PI is searching for information that you are an escort.  Randamly, he calls your number and you discuss a meeting. In fact, several calls are made being different clients (PI) to schedule an appointment assuming that they have the right person.  Can these calls be "reported word for word by the PI" and presented in court as evidence.

....just curious, of course

-- Modified on 10/4/2006 7:58:22 AM

I am not an attorney repeat- not an attorney!  But I will tell you I do have some court experience in testifying in different states in custody trails- but as always check with an attorney an by no means am I an expert.

outside of recording- which clearly in FL appears to be illegal without a warrant or both party knowledge- I see no reason why a pi can't testify as to the conversation he had with the provider.  Just as he can testify to what he observed. That is not hearsay in my limited knowledge. He can even do this under pretext just as law enforcement can. If he took notes they will want that submitted into evidence.  Now how much weight it will take into the entirety of the case? Who knows. They may argue that he somehow misinterpreted what she said and just flat out deny what she said.  Without a recording it will be hard to prove.  But my guess is there is more evidence other than just a pi conversation. Who has more to gain by lieing? The defense will argue that the pi has a vested interest into busting the provider and that he mislead and misunderstood the defendant.  But usually they realize the pi gets paid no matter what the outcome so it has been my experience that they take the testimony of the pi as prima facie.  Now if the pi has a shady background and the defense attorney can rip holes into the pi's story- then maybe the outcome will be different.  Building a case it like building a house- there are many pieces to it.  You kick out the entire foundation and it will come tumbling down.  But is the conversation just a small 2x4 or is it the entire foundation of the case.  I hate to say it (lol) but most of the time truth does prevail. And remember in civil cases it is "prepondence of evidence" not "beyond reasonable doubt".  Much easier to prove in civil then criminal- hence OJ Simpson.  

I have a friend that is going though a child custody case.  Without going into details to protect her- she pretty much knew she was nailed.  Well I guess she could have spent tens of thousands of dollars in attorney fees to defend herself- but she knew ultimately it was the truth.  So instead she threw herself on the mercy of the ex and his attorney and after attending therapy and jumping through some hoops it appears she will regain full custody in about 6-9 months.  For her it was a painful road of recovery but much cheaper and in her head- it was the correct path to choose.  

I guess this is one of the big downsides to being a provider/mom- there is so much to loose if your profession is found out by the ex.

Boy, Spike999...your intrepretation is BETTER than a lawyer.  I took the position deny, deny, deny (MY ex and lawyer are both born again Christains and the mud is flying everywhere)...up-to-date costs so far is almost $200,000 and I am broke and my kids have no future that I can pay for.  The drama of all this, the father trying to alienate me from their lives have caused them to runaway from his residence; youngest daughter found but the 14-year old is still missing.  Too late to change course????  What would the truth do to them because I'm having to defend myself now.  And it has always been my stand to protect my girls even  if my part in their life will be limited. They love me and I already won where it matters most.  My oldest daughter stated that she didn't care what her Dad said; that she wanted to live with me no matter what.  The youngest daughter agrees but not as profound.  So; I reflect...should I have chosen the path of less resistence???  Yea....I screwed up...

...just took a few hours off to stop by...need to look for my daughter...say a prayer for her..she did nothing wrong....