Tennessee Laws and FAQ's
Frequently Asked Questions and basic Tennessee laws.
Is it illegal to tap a phone?
YES. It is a federal, and state offense to tap a telephone line or otherwise intercept a telephone conversation.
2. Can I record a conversation between myself and someone else?
Yes. As long as YOU are a party to that conversation within the state of Tennessee. No exceptions. Always seek legal consultation if you are not sure.
Read below:
Tenn. Code Ann. § 39-13-601: A person who is a party to a wire, oral or electronic communication, or who has obtained the consent of at least one party, can lawfully record a communication and divulge the contents of the recorded communication unless he has a criminal or tortious( harmful) purpose for doing so. Violations are punishable as felonies with jail sentences of between two and 12 years and fines not exceeding $5,000. Tenn. Code Ann. §§ 39-13-602, 40-35-111.
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," Tenn. Code Ann. § 40-6-303.
Anyone whose communications have been unlawfully intercepted can sue to recover the greater of actual damages, $100 per day of violation or $10,000, along with punitive damages, attorney fees and litigation costs. Tenn. Code Ann. § 39-13-603.
Recording or disseminating a communication carried out through a cellular or cordless telephone, or disseminating the contents with knowledge of their illegal origin, without the consent of at least one party, can be punished as a felony with a potential prison sentence of between one and six years and a fine not to exceed $3,000. Tenn. Code Ann. §§ 39-13-604, 40-35-111.
Recent Court Case concerning domestic wiretaps:
Wiretaps by spouses actionable
Court lets suit proceed
By BILL RANKIN
The Atlanta Journal-Constitution
Sparring spouses can no longer wiretap each other without fear of being sued
in federal court.
In an opinion issued Thursday, the 11th U.S. Circuit Court of Appeals in
Atlanta overturned a 29-year-old precedent that barred invasion-of-privacy
lawsuits by spouses over wiretaps, even though the practice is a crime.
"It's about time and long overdue," said Jeffrey B. Bogart, an Atlanta family
law and criminal defense attorney. He said he has come across divorces with
one spouse wiretapping another to catch an infidelity "more often than I'd like
to see."
Atlanta family law attorney John Mayoue said some studies estimate more than
75 percent of all wiretaps are done in family settings. This includes feuding
spouses who try to use taped phone conversations as leverage in divorce
disputes.
"I think people in this country should be on notice we do not wiretap,
period," Mayoue said.
In Georgia, wiretapping is a felony with penalties of up to five years in
prison and a $10,000 fine.
But Mayoue said prosecutors, more inclined to charge more serious cases
involving drugs and violence, rarely get involved in wiretaps in domestic
disputes.
The 11th Circuit issued its ruling in a case involving James and Elisabeth
Glazner of Birmingham. After Glazner filed for divorce in 1999, he bought a
recording device at Radio Shack and surreptitiously attached it to a phone line
in
their home. He then left on a trip.
While he was gone, Elisabeth Glazner detected a hollow sound on the phone
line, checked it out, found the recording device and called police. Before the
Glazners' divorce was finalized, Elisabeth Glazner filed a federal lawsuit
against her husband under a 1968 law banning wiretaps of "any person."
But the case was dismissed by a federal judge, who cited a 1974 court
precedent that said there was "implied consent" among married couples to wiretap
each
other in their own home.
In Thursday's ruling, the 11th Circuit threw out that precedent entirely,
noting that many other courts across the country that have considered the issue
have ruled the other way. The 11th Circuit's decision applies to all three
states within its jurisdiction: Georgia, Florida and Alabama.
Elisabeth Glazner will now go to trial against her ex-husband, said her
lawyer, Bruce Gordon.
2. Can you use a hidden camera to catch someone abusing a child?
Yes, very carefully. Reasonable expectation of privacy exists in many areas. Where a person has such a reasonable expectation of privacy, is usually off limits to video recording. As professionals in our field we know where these areas exist, and where and when we can and cannot record. Camera placement is important, legally and technically speaking. Improper placement can deem all evidence as inadmissible
It is a misdemeanor to photograph, film or observe a person without consent where there is a reasonable expectation of privacy, when the photographing, filming or viewing "would offend or embarrass an ordinary person" and is done for sexual purposes( or gratification) Tenn. Code Ann. §§ 39-13-605, 39-13-607. Dissemination of a photograph or videotape taken in violation of these provisions is a felony. Tenn. Code Ann. § 39-13-605(2).
3. Can I monitor what my employees are doing on the computers in my business?
Yes. Employees have no reasonable expectation of privacy while using company owned computer equipment, as long as they know that the computers are for company business, only, and it is acknowledged so by signing an agreement prior to employment. BUT!
You can only dismiss an employee for using a computer for non company business, only if they knew they have had prior knowledge that dismissal for violating company policy was part of a agreement or pre condition of employment that was acknowledged, with a signature when they were hired.
4. Can my boss "bug" my cube or office, and listen to me at work?
Yes and No. If you signed a employment agreement that stated that the companies premises (except the bathroom) were subject to audio monitoring, and or it is posted in a conspicuous place that the premises are subject to audio monitoring, your employer can "listen in." Usually most company restrooms are the only place where someone will have a reasonable expectation of privacy. Most employers know better than to use audio in certain environments due to possible legal implications.
5. Do you need a license to provide TSCM or bug sweeps in Tennessee?
Yes. According to the TN Dept of Commerce and Insurance, you must be a licensed Private Investigator.
6.How long does it take to check my home, office or facility to see if a device has been placed somewhere inside?
Many factors determine the amount of time it will take to conduct a TSCM survey. It takes time to unload and setup equipment. It takes time to conduct the survey. Usually hours or even days depending on the facilities characteristics, and content.
Is someone comes into your area of concern with a magic box or gadget and 30 minutes later tells you the area is safe, or "clear, "they probably have not provided you with proper service. A TSCM survey is a lengthy intense process from start to finish.
7. Can I use a GPS Tracking device on my spouse, or my boyfriend/girlfriends car?
TN Law concerning tracking devices:
Except as provided in subsection (b), it is an offense for a person to knowingly install, conceal or otherwise place an electronic tracking device in or on a motor vehicle without the consent of all owners of such vehicle for the purpose of monitoring or following an occupant or occupants of such vehicle.
2) As used in this section, "person" does not include the manufacturer of the motor vehicle.
(b) (1) It shall not be a violation if the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a law enforcement officer in furtherance of a criminal investigation and is carried out in accordance with applicable state and federal law.
2) If the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a parent or legal guardian who owns or leases such vehicle, and if such device is used solely for the purpose of monitoring the minor child of such parent or legal guardian when such child is an occupant of such vehicle, then the installation, concealment or placement of such device in or on such vehicle without the consent of any or all occupants in such vehicle shall not be a violation.
3) It shall also not be a violation of this section if the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is for the purpose of tracking the location of stolen goods being transported in such vehicle or for the purpose of tracking the location of such vehicle if it is stolen.
c) The provisions of this section shall not apply to a tracking system installed by the manufacturer of a motor vehicle.