Monday, March 31, 2008

Investigative Techniques for the Trial Lawyer - Wiretapping: Part I

...we have probably all wondered if our conversations via phone were being taped.

There are federal and state (all 50 and DC) statutes governing the use of electronic recording equipment. The unlawful use of recording equipment may not only give authority for civil proceedings against the perpetrator of illegal taping, but may also give rise to criminal charges.

Today’s Bulletin gets right into the meat of how and where the taping of private telephone conversations is allowed...

Interesting exceptions to the rules...
In California, generally an all party consent state, one party alone can record if criminal activity (e.g. extortion) is anticipated or involved.

In Arizona, the subscriber to a telephone service can record telephone conversations with no party consent when criminal activity is involved. (more)