Legal Question in Criminal Law in California
Is it a vioation of 632a California Penal Code to surreptitiously record a converstion between a police officer and an individual regarding alleged police misconduct that does not amount to a crime?
2 Answers from Attorneys
It is a violation of California Penal Code, Section 632(a) for anyone to record a conversation with anyone without informing and getting the other person's permission before recording the conversation. Their permission should be recorded. Now, will a District Attorney file charges on it, I don't know and it depends on the facts and the circumstances. However, you do not have a right to record a conversation without the individual's permission. I can not really supply with a lot of information because your questions contains no facts about the surrounding circumstances.
Good Luck
Brian
Such wiretapping is always illegal, subjecting you to state and federal prosecution. The exception is when it is done to prove the person on the other end is committing a CRIME. Do so at your peril.
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