Legal Question in Criminal Law in California

Re: Recording of a phone conversation

You cannot record a telephone conversation or other conversation unless all parties to the conversation consent.

There is a hefty civil penalty for recording a telephone or other conversation without the consent of all parties.

The voice mail messages are different. She was aware that the message was being recorded and therefore consented. You consented by arranging to reveive recorded messages.

The rule against recording telephone conversations also applies to individuals that listen on an extension telephone.

conversations that are recorded without consent of all parties are not admissable in court.

There is an exception. That is in the situation where the planning of the commission of or the commission of a felony is the subject of the conversation.

Lyle Johnson

Lyle W. Johnson Attorney at Law

152 N. Third Street, Suite 510