Q: I live in Florida. To my knowledge, Florida is a 2 party consent state with regard to audio recording.
Over the last 3-4 years the spouse, ALL alone inside our home, has begun to talk out-loud (very loud) about "perceived" wrongs in the relationship. This talking out-loud escalates angrily. Is it legal in the state of Florida to set up, surreptitiously, within the home, a voice activated microphone and voice recorder to document these times when the spouse is talking to themselves like this? (not video, not phone, not computer)
Part B: What legal specialty would the expertise and background for this area of law reside in please?
Thank you for guideance.
A: Secretly recording someone is not a good idea...if you are in fear of your safety, you should move out and get an injunction...seek legal counsel before engaging in any behaviors that could expose you to legal jeapordy.
Bruce Alexander Minnick agrees with this answer
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A:
This is a very interesting question.
1. As far as I know, it is not unlawful for a spouse to talk out loud to themselves; whether they are alone or not does not matter.
2. Nor is it unlawful for a spouse to record themselves while talking to themselves, whether loud or otherwise.
3. Additionally, it is NOT illegal for someone "to set up, surreptitiously, (or otherwise) within their home, a voice activated microphone and voice recorder..."; however it may or may not be illegal to actually USE the secret recording devices to RECORD any other person in the home without that person's knowledge (not consent; knowledge).
4. Finally, no (smart) lawyers I have ever known would advise anyone in a marriage to do what you have described.
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