QUESTION

What level of expectation of privacy do I have?

Asked on Apr 29th, 2014 on General Practice - Kansas
More details to this question:
In light of the Donald Sterling scandal, why is the girlfriend not being charged with wiretapping? Same thing with Mitt Romney during the election and the 47% comment, these people did not know they were being recorded. Should I assume that every conversation I have from this point is being recorded?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
In most states, it is permissible to record a conversation as long as one of the parties to the conversation consents.  When you tap someone's phone and record that person's conversation with a third party, neither of the parties to the conversation has consented.  However, if you record your own conversation with someone, it is legal in most jurisdictions even if that person did not consent to the recording.
Answered on Apr 29th, 2014 at 3:30 PM

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