Is it legal to audiotape a person to use in court, if they are not aware that you are recording the phone call?

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Is it legal to audiotape a person to use in court, if they are not aware that you are recording the phone call?

Asked on January 13, 2012 under Criminal Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of most states in this country (California for example) it is a crime (misdemeanor) to record a telephone conversation that one has with a person over the telephone if all parties in the telephone conversation are not made aware that the conversation is being recorded.

A voice mail or a message left on one's answering machine is not subject to that law.

Any recordings of telephone conversations made without authorization cannot be used in court.


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