Never mind then...we are good. Tennessee is a one party consent law with regards to recording telephone conversations (the person recording is recording his own conversation(s))


FYI...Here's the list of 12 states that require two party consent>>>


Mr. W

Yes there is a part where he says,
"look, I'm not married, Adultery is not illeagal."

He used the word adultery to describe their relationship. Adultery means sex.

I just looked it up...right now, only 12 states require all party recoding permission...Tennessee isnt one of them! So continue on!!

Here are the states that require all party rcording permissions:

California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana (requires notification only)
Nevada
New Hampshire
Pennsylvania
Washington

From what I have found so far Tenn is a one party state and Fla is a two party state

Mr. W and I were on the same mission here...lol!

Have you contacted the IG with this info yet?

I was in TN, OM was in FL.
At the outset of the conversation, OM says he knows this is probably being recorded and I did not deny that. Amazingly he still said all that he said.

Calls Crossing State Lines

Calls that cross state lines become complicated legal issues especially when one state is a one party consent state and the other state is an all party consent state. What has happened is that you didn't violate the law in the one party consent state and violated the law in the all party consent state. Moreover, since the call went across a state line, the federal laws would certainly apply. The most famous case involving this type of issue is the Linda Trip case. You will recall that Linda Trip recorded the telephone conversations of Monica Lewinski concerning her relationship with President Clinton. Trip was in Maryland and Lewinski was in DC. Note that Maryland is an all party consent state while DC is a one party consent state. The law is actually quite fuzzy on these issues. The recorder is advised to assume that the sticker law would apply.

http://www.pimall.com/nais/n.recordlaw.html

Infidels are IDIOTS when in affairs. Its funny!! They believe they are invincible!

later on when I get it finished...you should read my update on what all transpired since I was last on here. In it, I describe a conversation with one of my wife's OMs that I had, right after I found out. I got ahold of my wife's phone and texted him with mine. My wife had called him before saying she couldnt find her phone. So, I text him on my phone, telling him that I was her...and that I had borrowed this phone.

The idiot, in the middle of the conversation, even asked "is this really you?" And then just went right on with a whole bunch of stuff that would be downright funny, if it werent so serious! Again, I'll have that convo on my update later.

In the meantime...what is the status report??

Tripp was in trouble because she was located in a state that didnt allow that...even though Lewinski was in a place that did. So, she broke Maryland law because she was located in Maryland when she did it.

A phonecall from TN where it is allowed means he didnt break the law of the locality he is located in. He should be fine (and yes, Federal law applies here).

So I'm at a bit of a loss. Do I still send this recording to the IG? Regarding informed consent, does the fact that he says he knows the call is probably being recorded, and the fact that I didn't deny that, amount to anything? Listening to the call you can tell that I am trying to get him to incriminate himself, and that he knows that, but somehow can't stop incriminating himself.

As Mr. W stated, contact the IG. Let him know all of the information on the recording. Tell them that you recorded in order to have the accurate information for yourself, so you could transcribe the info. They will let you know what they want.

Does ANYWHERE on there state that you know he is in Florida? If not, and you truly do not know for certain his location...then I believe TN should apply because you made the call from there. And you had no real idea where he was located.

But let me let Mr. W chime in on the legal side!

Thank you all so much for supporting me through this! I am so grateful.
I have a friend who says "to be strong, you have to give yourself permission to be weak some of the time."

The weakness comes to the fore as I let go of fear, letting the weakness move out of me, experiencing it as it goes. Right now OM and WW are trying to make me afraid, which I keep a lid on until I get support from yall telling me I'm doing right. Then I can feel that fear and let it go.

It is a scary thing to have a man threaten to kill you, and your wife tell you she is never coming back. So scary that it would sweep me off my chosen path if I listened to it. But I can't bury it in me either. I have to let it out, but only at the moment when I can then let it go.

So I'm sitting here crying me heart out reading what you all have written. To have total strangers help me in this way is so humbling. I will never forget this.

There is no mention of him being in FL in the call. The area code on his cell phone is Texas(1 party state). Its true, I really don't know where he is.

OK. calling the IG now.

Oh, and one more note: IGs dont get "evidence" in order to conduct a legal proceeding. That is for the JAG (lawyers). As I stated before, the JAG must have "beyond a reasonable doubt." The IG only needs "a preponderence of the evidence."

What that means is that an IG can act on hearsay. An IG can act on evidence that may not be admissable in court.

You see, as an IG...if you contacted me with this info, we would IMMEDIATELY go down to the comander's office of the unit he is a part of. We would discuss with the captain that we have possible evidence that his POS NCO has been committing adultery, conduct unbecoming, has threatened bodily harm of an individual and has admitted that he will lie under oath.

The commander will then call the individual in. He will ask him point-blank if he has been doing this (which is why you need to give the IG all the info you have...so that the little weasel doesnt find a way to technically tell the truth...but really lie. What I mean by that is if the affair happened on January 1st...but the commander saks if he committed adultery with you wife on January 2nd...he could technically say "No" and not be lying. Dont give him that avenue. Tell the IG EVERYTHING).

Anyway, back to what will happen. The commander will ask him if he has been doing this. Now let's say the soldier does indeed lie. Well, the commander will most likely do one of two things. If he likes the NCO, he will advise him that the IG has come to him and that they have evidence that shows him in an affair. And will ask him "One more time...make sure you dont screw up here and lie...did you blah, blah, blah." If the soldier admits he has been, then the commander at the very least will order him to cease ALL contact with your wife.

If he lies and says "no...", then the commander will report back to the IG that the soldier stated that he had not. At this point, he has lied to a commissioned officer (a felony). At that point, the IG will send a report to the JAG of the violations of:

Adultery
Conduct unbecoming
Threats against an individual (I'd have to look up the exact charge on that)
Lying to a commissioned officer

All of these are Federal offenses, punishable by prison time, reduction in grade and a dishonorable discharge. So, when the heat is on and the sphincter is fully closed...I bet this kid cries like a baby and admits it before he ends up in a world of hurt.

You see, the IG could do that without ever releasing all of the info...until they found criminal actions.

The issue with this NCO now is this: he has threatened you AND he has stated that he would lie under oath to an IG (which I believe is a $15,000 fine and 10 years in jail if he actually does it). So with those two things...the adultery is almost secondary at this point to the IG. And so, after hearing that...hearing that he admits he would lie to their faces...well, if I was the IG...I would hunt this guy down like a dog after its prey!

So, call the IG. Tell him you had a conversation with the POSOM. Tell him that you did record the conversation, which is allowed in your state. Tell him that you did so in order to transcribe later the conversation. Ask him if he wants the transcripts or the recording...based on what he needs and can accept.

As I said, that IG is going to want to get this guy. So, he will guide you in order to do so!

I posted this a couple of days ago...a quote from my favorite general. It applies to you!

"Wisdom is nothing more than healed pain." General Robert E. Lee

One more thing ascending...are you a Christian?

Here's another question... A military base isn't "state property, right? It's federal property. Does that affect it at all?

I would say he gave his consent by acknowledging the possibility of the call being recorded. You didn't confirm or deny, yet he continued on anyway.