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Re: [infoguys-list] Is it legal to use a record someone in MN?

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  • Bob Hrodey
    ... Not to mention the fact that case law controls, not the statutory law. The law is a living thing and constantly evolves by case law. If you doubt it, try
    Message 1 of 22 , Jul 2, 2007
      Jim Parker, wrote the following at or about 7/2/2007 1:36 PM:
      > <<<< It is also important to note that Sullivan v. Gray, 324 N.W.2d 58 (Mich. Ct. App. 1982), as quoted above, was "ONLY ONE COURT'S OPINION" and is not representative of broad authority for everyone to follow. THIS DOES NOT CHANGE THE WORDING OF THE LAW >>>>
      >
      > And no one would expect it to. It's not the court's job to change the wording of the law, it's the court's job to INTERPRET the wording of the law.
      >
      > As it is, in Sullivan v. Gray, the appeals court noted that:
      >
      > "We believe the statutory language, on its face, UNAMBIGUOUSLY EXCLUDES PARTICIPANT RECORDING from the definition of eavesdropping by limiting the subject conversation to "the private discourse of others".
      >
      > Even in the case you mention, Dickerson v. Raphael, the court noted that Dickenson's daughter MAY HAVE BEEN WITHIN HER RIGHTS TO RECORD THE CONVERSATION HERSELF, but it was the involvement of a third party (Sally Jessy Raphael's sound technician) making the actual recording that violated the statute.
      >
      > You'll note that that's precisely what I said in my earlier response (see my previous post below).
      >
      > So your statement of " Bottom line: Michigan appears to be an ALL party state for ALL recordings." is entirely incorrect.

      Not to mention the fact that case law controls, not the statutory law.
      The law is a living thing and constantly evolves by case law.

      If you doubt it, try arguing a case in a court using outdated law and
      watch the judge (if they catch you) hand you your head. I've seen it
      happen to clients/friends who missed a cite while Sheperdizing a case.
      It ain't pretty.

      Granted, one Court's ruling (provided it's a trial court) does not set
      precedent anywhere but that particular court. An appellate court,
      however does set precedent in that district and the state supreme court
      sets it for the state, etc. Again, these can be treacherous waters in
      which to tread and your best bet is to pay for a legal opinion based
      upon your factual situation. The only think black and white in the law
      what's printed in the law books and that, as you know, is subject to
      varying opinions depending on where in the state you are and at what
      point in time.


      --
      Enjoy,

      Bob
      _______________________________________________________________________
      Hrodey & Associates Established 1977
      Post Office Box 366 Member of NALI, ASIS, FBINAA, NAPPS
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    • ceecee lynn
      I m not eavesdropping on anybody. I m sharing what I know about the law. I m a bystander learning law. Is that a crime to learn something for my country? No.
      Message 2 of 22 , Jul 2, 2007
        I'm not eavesdropping on anybody. I'm sharing what I know about the law. I'm a bystander learning law. Is that a crime to learn something for my country? No. It's not. If you don't want me in here, I'll cancel out my subscription with you people and that's that. I don't need trouble makers making any legal problems for me when I only wanted to learn something. You people are very rude. Do you know that. And I certainly don't appreciate the idle threats of imprisonment, because I'll refer this site over to my local detective bureau for further investigations. I'm a snitch for the law. I support the law. Ok? My God. You people are nutty. Good bye. I don't need your abusive talk. Cindi.


        ---------------------------------
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      • Bob Hrodey
        ... Did I miss something? Don t seem to recall anyone really coming down all that hard on Cindi. Guess this is Darwin in Action -- Enjoy, Bob
        Message 3 of 22 , Jul 3, 2007
          ceecee lynn, wrote the following at or about 7/2/2007 2:57 PM:
          > I'm not eavesdropping on anybody. I'm sharing what I know about the law. I'm a bystander learning law. Is that a crime to learn something for my country? No. It's not. If you don't want me in here, I'll cancel out my subscription with you people and that's that. I don't need trouble makers making any legal problems for me when I only wanted to learn something. You people are very rude. Do you know that. And I certainly don't appreciate the idle threats of imprisonment, because I'll refer this site over to my local detective bureau for further investigations. I'm a snitch for the law. I support the law. Ok? My God. You people are nutty. Good bye. I don't need your abusive talk. Cindi.
          >

          Did I miss something? Don't seem to recall anyone really coming down
          all that hard on Cindi.

          Guess this is "Darwin in Action"<g>

          --
          Enjoy,

          Bob
          _______________________________________________________________________
          Hrodey & Associates Established 1977
          Post Office Box 366 Member of NALI, ASIS, FBINAA, NAPPS
          Woodstock, IL 60098-0366 NCISS, Assoc Det of IL & P.A.W.L.I.
          Licensed in IL & WI (815) 337-4636 Voice 337-4638 Fax
          e-mail: inquiry@... or rth@...
          Illinois License 115-000783 Wisconsin 8045-063
        • Robert Bryan
          Bob, Guess your right. I haven t seen anyone coming down that hard either. Oh well, thats life. Have a great 4th everyone, be safe & careful out there. Night
          Message 4 of 22 , Jul 3, 2007
            Bob,

            Guess your right. I haven't seen anyone coming down that hard either. Oh well, thats life.

            Have a great 4th everyone, be safe & careful out there.

            Night Owl Investigations www.nightowlinvestigations.com

            Robert Bryan
            Owner/Investigator Night Owl Investigations
            P.O. Box 19137
            Panama City Beach, FL 32417
            nightowl1@...
            gulfcoastpi@... tel:
            fax:
            mobile: 850-522-8010
            850-522-0704
            850-527-0215




            Want to always have my latest info? Want a signature like this?



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