Legal Question in Military Law in Virginia

Recording a conversation

Is it legal to tape record a conversation with someone who is unaware of the fact that you are recording them?


Asked on 10/02/06, 6:51 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Recording a conversation

Virginia, I believe, is a so-called "one party" state when it comes to recording conversations, meaning that one party to a conversation may record it without the permission or knowledge of the other. (Remember Linda Tripp who recorded Monica Lewinsky's telephone conversations in the Commonwealth without Monica's knowledge or permission?)

As I further recall, these recordings were not usable in Maryland by the prosecutor in the prosecution of a related matter in that state due to the fact that Maryland, apparently, is a so-called "two party" state which requires the knowledge and permission of both in order to record legally such conversations.

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Answered on 10/15/06, 11:01 am


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