surveillance

[nmaher1211]

Jurisdiction

Minnesota

Can a civilian use listening surveillance on another person and hand it over to the cops, can the cops use that in court?

 

[justblue]

Can a civilian use listening surveillance on another person and hand it over to the cops, can the cops use that in court?

Were they a party to the conversation? What is on the tape that would interest the police?

 

[adjusterjack]

Minnesota allows you to secretly record a conversation ONLY if you are a party to that conversation. Otherwise, no.

Minnesota - t is legal for a person to record a wire, oral or electronic communication if that person is a party to the communication, or if one of the parties has consented to the recording — so long as no criminal or tortious intent accompanies the recording. Minn. tat. § 626A.02. Unlawful recordings, or disclosure of their contents when there is reason to know the information was obtained illegally, carry maximum penalties of imprisonment for five years and fines of $20,000. In addition, civil liability for violations statutorily can include three times the amount of actual damages or statutory damages of up to $10,000, as well as punitive damages, litigation costs and attorney fees. Minn. Stat. § 626A.13

From:

https://www.rcfp.org/wp-content/uploads/imported/CANWETAPE.pdf

 

[justblue]

Yes. civilian can turn it over to the cops. Civilian can be sued but the 4th is not at issue because the cops (government) did not do the surveillance. Depending on circumstances, this evidence is likely admissible in court.

Please stop posting to dead threads.

 

[Michael Wechsler]

This is an old one and I was surprised too. Although I'm not sure of the answers based on the limited amount of information. I think it would depend upon the type of communication. For example, if it's wireless communication - the easiest example being unencrypted - then there would not be the same issue present as a private wire communication, etc.

But a good point that we need to lock down the old posts again. Thanks to both of you for your input.