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?
1 Answer from Attorneys
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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