Is It Illegal To Audio Record Conversation?

Question

I live in Wisconsin, and having trouble with harassing and argumentative behavior from daughter's father and stepmom.
Can I record our conversations for court purposes legally, if they don't know that I'm recording them?

I definitely have very good reasons.
Thanks for the answers.

Answer 1

Over the phone is ok if both people live in Wisconsin and at least one party knows they are being recorded (you are the party if you are useing your phone).The rules change to federal law if one party lives out of state.If you are talking in person you are allowed to keep a secret recoding and use it for later.Another soloution is to contact a local DAs office to see if they can give any advice.A restraing order might be needed .Good Luck to you and if you want let me know via e-mail how this is working.

Answer 2

Most states are one party, which means as long as one party in the conversation (you) is aware it is being recorded, it is legal. Other posters who quote the police, warrants etc, don't know the facts. Cops need a warrant because they are not a "party" to the conversation.

While the U.S. federal law only requires one-party consent, many states have accepted different laws. In some states all parties must give their consent or at least be notified that the call is about to be recorded (with necessary opt-out option: if you don’t like them to record the call, you can ask them to stop recording). There also was a case law decision from many years ago (the 1950's) that went to the Supreme Court and affirmed that the federal law does not supersede state authority/statutes unless the call or the tap crosses state lines – that is why each state went ahead and established their own guideline/statute.

States Requiring One Party Notification
Alabama
Alaska
Arizona
Arkansas
Colorado
District Of Columbia
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma Oregon
Ohio
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming




States Requiring Two Party Notification
California
Connecticut
Delaware
Florida Massachusetts
Maryland
Michigan
Montana New Hampshire
Pennsylvania
Washington

Wisconsin is currently a one-party state though recent attempts in the legislature there have attempted, unsuccessfully so far, to change it to two-party. Even so, any evidence gathered by a one-party consensual recording is inadmissible except in murder or drug cases, as they say.

The Wisconsin Stats 885.365 Recorded telephone conversation (1) states "Evidence obtained as the result of the use of voice recording equipment for recording of telephone conversations, by way of interception of a communication or in any other number, shall be totally inadmissible in the court of this state in civil actions, except as provided by 968.28 to 968.37." Exceptions are it the party is informed before the recording is informed at the time that the conversation is being recorded and that any evidence thereby obtained may be used in a court of law or such recording is made through a recorder connector proved by the telecommunications utility as defined in WI Stats 968.28 - 968.37 (which is the stat for court ordered wiretaps) which automatically produces a distinctive recorder tone that is repeated at intervals of approximately 15 seconds. Fire department or law enforcement agencies are exempt as are court ordered wire tapes.

Also a recording on the phone made from a out of state call or made to an out of state party, has to have the party informed of the recording and his consent or the tone on line, every 15 seconds, or a consent in writing before the recording is started.

Needless to say this does not allow a person not a party to the conversation to record any part of the conversation without the parties to the conversation being informed the third party is recording the conversation.

Answer 3

I just asked this question to a police officer in Wisconsin. Wisconsin is a "one party state". Which means one of the people involved in the conversation must know it is being recorded. Typically, it is the person doing the recording. But...YOU MUST be a part of the conversation. You cannot legally record a one person conversation. In other words, if the other person is the only one heard on the recording, the recording is of no use. I will find out next week in court with my recording and maybe I'll post how it went for me. Good luck

Answer 4

Depends on the type of trouble.The federal wiretapping statute allows for recording conversations as long as one party has consented. If you think that your daughter is being abused or something like that, then you can vicariously consent for her. Regardless you should talk to your lawyer before you do anything. Worst case scenario your daughter's father brings suit against you for infringing his rights.

Answer 5

Wisconsin is a "one party" state, so as long as the caller is also inside WI, you can tape the call without telling her.

Richard

Andrew.... the law varies by State, so you're wrong.

Answer 6

no you can't.
you have to tell them they're being recorded..
even police officers tell you you're being recorded unless they're undercover, but they still need a warrant.

Answer 7

im pretty sure you can if you have reasons

Answer 8

yes.