Is it legal to record people’s conversations without their permission?

My neighbors have been harassing us and our neighbors along with cutting plants on our property, and trespassing into our back yard and stealing things. Lastnight they called the the police and said that we cut their plants over their back wall which we did not. The police talked to us and told us that he knows they are crazy and to be careful because they are trying to.set us up. After the police left we were out in front of our house talking to another neighbor and the crazy neighbors started recording our conversation without our consent. Is this legal?

Asked on July 10, 2012 under Personal Injury, California


Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

This varies from state to state.  In Arizona, it is legal to record a conversation if one of the parties to the conversation is aware the conversation is being recorded.  Another factor to consider, you state you were standing out in front of your house.  This is an area where a judge would likely feel that you have little expectation of privacy, which is another factor to consider when determining whether or not someone is invading your privacy.  

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