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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100052
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Oh Can I ask a question here? Idaho. Nope. I have a set of

Customer Question

Oh hi! Can I ask a question here?
JA: What state are you in? It matters because laws vary by location.
Customer: Idaho.
JA: Has anything been filed or reported?
Customer: Nope. I have a set of evidence and recordings that my fiance has been talking to her ex sex partner. or boyfriend whatever. It is my mortgage and my house, and I wonder if I can set up the spy recorder. underneath of the sofa. I analyzed the patterns of calls, and it always happened while I am gone. It is intentional.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Oh, That's it. We are cohabiting too. Wonder if that matters.
Submitted: 2 months ago.
Category: Legal
Customer: replied 2 months ago.
I have a foreign worker status, and legal issues are critical here. I work at the university where sponsors my green card. That green card will be under review in October. My significant other never talks honestly if she feels insecure. I need to acquire concrete evidence before I get too hurt. I have to protect myself.
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Idaho divides taping between sound and video.

SOUND

At least one party to the conversation must give consent in order to record an in-person conversation, per Idaho Code Ann. § 18-6702. There is an exception however if the parties do not have an expectation of privacy. There is no specification as to how this exception applies if the parties are having a conversation in someone else's home.

VIDEO

The state’s video voyeurism laws prohibit the installation of any devices capable of recording, storing or transmitting visual images to secretly view, broadcast or record a person, without that person’s knowledge and consent in an area where there is a reasonable expectation of privacy. Idaho Code Ann. § 18-6609(2). There is an exception when the parties have no reasonable expectation of privacy. Again, there is no specification as to how this exception applies if the parties are having a conversation in someone else's home.

As such, someone in your situation would be going into a "gray" area, because the statute is not specific as to how this applies if this is your house. The matter becomes even more complicated if she resides there as well. If someone in your situation does this, then this may end up being a test case in criminal or civil court. However, I doubt very much that you'd want to make this a test case to begin with. To be safe, perhaps the best thing to do is to avoid such an action.

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I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 2 months ago.
I have no intention to fight with her in the court. I need to acquire concrete evidence so that I can make a set of actions for my own sake, not shared with public or something. If she is willing to talk about the guy, I am more than happy to talk with her. However, that will never happen given my experience with her. I am planning to do this secretly. If not caught, everything will be fine. But not sure what I need to do. Please advise.
Expert:  Ely replied 2 months ago.
I am not sure what you are asking. You say you plan to do it one way or another. I have explained the action from the standpoint of a civil/criminal situation. What exactly can I clarify?