QUESTION

Is it illegal to covertly record a private conversation?

Asked on Nov 15th, 2012 on Criminal Law - Alabama
More details to this question:
I have been advised that if one of the parties in the conversation consents then there is no violation. I want to be double sure before crossing the line. Could you provide a legal reference with your answer?
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10 ANSWERS

Steven D. Dunnings
Wrong.
Answered on Apr 30th, 2013 at 11:23 PM

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In Michigan you have to be one of the parties to the conversation.
Answered on Nov 22nd, 2012 at 6:42 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Florida Statutes make it a third degree felony to record someone without their permission.
Answered on Nov 16th, 2012 at 3:33 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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What you seem to be telling me is that if you and I have a conversation and I decide it should be recorded, that's okay because I have consented. It doesn't work that way. All parties to the conversation must consent.
Answered on Nov 16th, 2012 at 3:33 PM

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Michael J. Breczinski
In Michigan the only way to secretly record a telephone conversation is with a court order.? That is why companies tell you that they are recording the conversion up front. In Michigan both parties have to know it is being recorded.
Answered on Nov 16th, 2012 at 3:32 PM

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William C. Gosnell
As long as you are one of the parties you may record But you may not record a conversation between two persons when you are not a party.
Answered on Nov 15th, 2012 at 8:30 PM

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The party you are recording must consent, or else it is a criminal misdemeanor.
Answered on Nov 15th, 2012 at 7:51 PM

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Thomas Edward Gates
In most states both parties must consent.
Answered on Nov 15th, 2012 at 5:07 PM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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In California, it is illegal to record a private conversation without the consent of BOTH parties. See Penal Code section 632.
Answered on Nov 15th, 2012 at 5:06 PM

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Tax Law Attorney serving Birmingham, AL at Meadows & Howell, LLC
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In the state of Alabama, you are permitted to record phone conversations so long as one of the parties involved in the conversation consents to the recording. If you are included in the phone conversation, then you would be an involved party. Thus, in Alabama, you can record a phone conversation that involves you and another party or parties without consent from anyone else. For purposes of identifying what is considered criminal eavesdropping, Alabama law defines eavesdropping as overhearing, recording, amplifying, or transmitting "any part of the private communication of others without the consent of at least one of the persons engaged in the communication." Alabama Code Section 13A-11-30(1). As you can see, state law does not identify the recording of a conversation as criminal eavesdropping if at least one party involved in the conversation consents. Essentially, you wouldn't be able to wiretap someone else's phone and record a conversation that you are not a part of. What you should keep in mind is that this is just in regard to Alabama. If the person with whom you are speaking is in another state, then that state's laws may require all parties to consent. If the other party's state law requires consent from all individuals engaged in the conversation, then you may be opening yourself up to criminal liability in that state.
Answered on Nov 15th, 2012 at 5:02 PM

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