Legal Question in Criminal Law in California
Taping conversations
If ''A'', ''B'' and ''C'' approach ''D'' for a conversation in his home and ''D'' is not aware the conversation is being secretly recorded, is this an illegal act? If so, and ''A'' is taping and ''B'' and ''C'' are aware of it, are they also liable (if this is an illegal act)?
1 Answer from Attorneys
Re: Taping conversations
Yes, it's illegal and can get A jailed; he would also face civil penalties. B and C don't break any laws merely by failing to either tell D or stop A, but if the three planned the taping together then A, B and C would all be guilty of the same crime and subject to the same punishment.
Additionally, if the purpose of the tape is to use it as evidence in court, the plan won't work. The recording would be inadmissible -- except in the prosecution of those who made it.
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