Legal Question in Criminal Law in Michigan

Recording Conversations (In Person)

In the state of Michigan would it be legal to audio and/or video record a conversation between a police officer and a civilian when pulled over for a moving violation or during accident reports. What about recording converstions involving other parties involved in accidents? Would these recordings be admissable in court? Would all parties involved be required to be aware of the recording? Thank you for your time.


Asked on 4/11/07, 1:24 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Recording Conversations (In Person)

In Michigan, anyone can record a conversation that he/she is participating in. So, a cop can record conversations he/she is in ... a layperson can record conversations he/she is in. All parties do not have to be aware of the recordings .. only one of the participants has to know about it and approve of it.

Whether the conversation recording is admissible in court cannot be determined because your question does not tell us what the case is about, why the conversation evidence might be relevant to trial issues, etc.

What you cannot do is record conversations you are not in where at least one participant has not given you permission to record. That's eavesdropping.

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Answered on 4/11/07, 2:10 pm


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