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re: What did Laine Hardy do?… American Idol winner Laine Hardy issued warrant from LSU PD

Posted on 4/29/22 at 9:52 am to
Posted by Tomatocantender
Boot
Member since Jun 2021
4977 posts
Posted on 4/29/22 at 9:52 am to
quote:

But if he wasn't present, one party wasn't aware.


I was just joking really with the whole one-party thing in Louisiana being a static law because there are many other factors that come into play for the reasoning behind recording/bugging another person. But if we want to get technical, then the only party that has to be aware is the person placing the device, e.g. Lane, in Louisiana.
Posted by Big Jim Slade
Member since Oct 2016
5313 posts
Posted on 4/29/22 at 10:02 am to
LSA 15§1303. Interception and disclosure of wire, electronic, or oral communications
A. Except as otherwise specifically provided in this Chapter, it shall be unlawful for any person to:
(1) Willfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, electronic or oral communication;
(2) Willfully use, endeavor to use, or procure any other person to use or endeavor to use, any electronic, mechanical, or other device to intercept any oral communication when:
(a) Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire or electronic communication; or

B. Any person who violates the provisions of this Section shall be fined not more than ten thousand dollars and imprisoned for not less than two years nor more than ten years at hard labor.

(4) It shall not be unlawful under this Chapter for a person not acting under color of law to intercept a wire, electronic, or oral communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception, unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of the United States or of the state or for the purpose of committing any other injurious act.
Posted by Sgt_Lincoln_Osiris
Baton Rouge
Member since Dec 2014
1097 posts
Posted on 4/29/22 at 10:04 am to
From a quick google:
quote:

you have to actually be a part of that conversation. If you were simply recording two other people talking while standing nearby and not saying a word, you then have no consent from any of the parties, and thus it would be illegal.
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