Legal Question in Criminal Law in Michigan
Tape Recording
Is it legal to use a tape recorder with out the other person being aware you are taping in a conversation in person, not on the phone? For example, if you are being questioned by the police or other authorities.
Asked on 1/16/02, 10:34 pm
1 Answer from Attorneys
Nancy Moore
Nancy L. Moore, Esq.
Re: Tape Recording
Law enforcement officers do this all the time. In some cases, a search warrant is necessary, for instance if the reason for taping is part of a criminal investigation. However, if you tape whatever conversations you want, the problem will be getting them admitted into evidence. In order to lay a proper foundation for admission of a tape recording into evidence, the party seeking its admission must hurdle a seven-part test. Also, if any portions of the tape are inaudible, the tape will be excluded.
Answered on 1/19/02, 11:30 am
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