Legal Question in Civil Rights Law in California
I live in California. My question is in regards to tape-recording telephone conversations. Is it legal for me to tape-record my phone calls? And if yes, would the recording be allowed as evidence in a court case? A lawsuit?
2 Answers from Attorneys
It is only legal to tape record a telephone call if you tell the other people on the line that you are doing so. At trial, normally you would be asked to testify as to what the recording said and might not be allowed to intoduce it into evidence except as to refresh your memory of what was said. Such recordings are easy to manipulate by removing parts so it would need independent testimony that it was accurate.
It is a federal and state crime to tape without full disclosure and agreement by all parties to the conversation. The only exception is taping to prove commission or a crime or threatened crime. Attempting to use it in court could easily result in criminal charges being brought against you, and it would not be admissible.
Related Questions & Answers
-
Is making a statement "If you have people in front of a camera & you want... Asked 1/19/10, 4:14 pm in United States California Civil Rights Law