Legal Question in Criminal Law in California

I live in California. I want to tape record - not secretly - a conversation in my home between myself and another family member. If I have a digital recorder in sight and announce "I'm taping this conversation" at the outset, can I then proceed to tape? If the other person doesn't want this, do I have to turn it off?


Asked on 1/24/11, 9:13 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

1. Yes, if the other person consents. 2. Yes.

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Answered on 1/27/11, 1:48 pm
Anthony Roach Law Office of Anthony A. Roach

You have to have the consent of the person being recorded to record, regardless of whether it is secret or in the open. To be on the safe side, you should get the consent in writing, to avoid a dispute later over whether or not they consented.

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Answered on 1/28/11, 8:26 pm


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