Recording phone conversations?

Question

I need to know if it is legal in Michigan to record telephone conversations?

I live in Michigan and would like to know if its legal in Michigan, I don't care about whats legal in California or Ohio. So if you don't know, don't answer.

I think you have to advise the person whom you are talking to that the conversation is being recorded . But, I want to know if you need to get it approved by the court or if you can do it without court approval.

Answer 1

No, you cannot record a conversation in Michigan without all parties' consent.
http://www.rcfp.org/taping/

Mich. Comp. Laws § 750.539c: A private conversation
legally cannot be overheard or recorded without the consent of all participants. Illegal eavesdropping can be punished as a felony carrying a jail term of up to two years and a fine of up to $2,000.

In addition, any individual who divulges information he knows, or reasonably should know, was obtained through illegal eavesdropping is guilty of a felony punishable by imprisonment for up to two years and a fine of up to $2,000. Mich. Comp. Laws § 750.539e. Civil liability for actual and punitive damages also are sanctioned. Mich. Comp. Laws § 750.539h.

The eavesdropping statute has been interpreted by one court as applying only to situations in which a third party has intercepted a communication, an interpretation that makes it legal for a participant in a conversation to record that conversation without the permission of other parties. Sullivan v. Gray, 324 N.W.2d 58 (Mich. Ct. App. 1982).

The state supreme court stated in a July 1999 ruling that a participant in a conversation "may not unilaterally nullify other participants' expectations of privacy by secretly broadcasting the conversation" and that the overriding inquiry should be whether the parties "intended and reasonably expected that the conversation was private." Therefore, it is likely that a recording party may not broadcast a recorded conversation without the consent of all parties. Dickerson v. Raphael, 601 N.W.2d 108 (Mich. 1999).

Under the Michigan statute, a parent may not vicariously consent to a recording for a minor child. Williams v. Williams, 603 N.W. 2d 114 (Mich. Ct. App. 1999).

It is a felony to observe, photograph or eavesdrop on a person in a private place without the person's consent. Mich. Comp. Laws § 750.539d. A private place is a place where one may reasonably expect to be safe from intrusion or surveillance, but not a place where the public has access. Mich. Comp. Laws § 750.539a.
http://www.rcfp.org/taping/

Hope this helps.

Answer 2

It is legal in all 50 states to record any conversation to which you are a party. The recording can be used as evidence in court if ALL parties to the conversation know at the time it is being recorded. Some states require all parties to know in order for the recording to be used in court.

Answer 3

Is it your phone converstation, on your phone? Are you talking to someone in the State of Michigan? Does the other party know the are being recorded?
If you are a sick stalking husband or something like that then it's probably legal to bug your own phone, but you must include a tone which informs the other party to the call that a device is being used otherwise you must inform them that the call is being recorded.

Answer 4

No it is illegal.

12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

It is illegal under all jurisdictions to record calls in which one is not a party

Answer 5

Twelve states require, under most circumstances, the consent of all parties to a conversation, including Michigan. Be aware that you will sometimes hear these referred to inaccurately as “two-party consent” laws. If there are more than two people involved in the conversation, all must consent to the taping.

Answer 6

Usually a simple google search like "laws michigan phone recording" will give yoy what you want

Answer 7

Well, it depends what u are talking about. if it is on your cell, then i guess yeah. But i don't think u are allowed to record other peoples conversation. If its just something at home, i guess why not. But don't go to a business and do that.

Answer 8

Why wouldn't it be?