Q: I went under iv sedation and had my phone recording audio only the whole operation. Was this legal?only i knew. In NY.
I just need to know if it was legal for me to audio record on my phone in my pocket without the dentist knowing while I was put under iv sedation and they did the procedure. After listening to the recordingI found them discussing things about me that were extremely innapropriate. Was it legal for me to do this without there consent or knowledge.
A: New York is a one-party consent state. Here is a helpful guide: http://www.dmlp.org/legal-guide/new-york-recording-law.
Criminally you may be guilty of violating § 250.05 by committing the offense of Eavesdropping.
The offense is defined as follows: "A person is guilty of eavesdropping when he or she unlawfully engages in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication."
(Eavesdropping is a class E felony; a serious offense).
In your case, the district attorney would likely state that you violated the section by "mechanical overhearing of a conversation".
To that end, another particular (related) statute (250.00) lays out several different means of eavesdropping with definitions as follows:
Sub paragraph 2 states, '"Mechanical overhearing of a conversation" means the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person not present (unconscious counts) thereat, by means of any instrument, device or equipment.'
The chances of you actually getting arrested and charged with this are extraordinarily slim, but in the context of a civil suit it would be difficult to get this recording into evidence.
I hope this answer helps you,
Aubrey C. Galloway III, Esq
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.