Can I Record a Conversation With Another Person Without Their Consent in California? (PC 632)
The answer is NO in most circumstances. Under Penal Code Section 632, enacted under the California Invasion of Privacy Act, makes it illegal for an individual to monitor or record a “confidential communication” whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device.
Under Penal Code § 632(c), “confidential communication” includes any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.
A violation of PC 632 can lead to a fine of up to $2,500 and/or imprisonment for up to a year.
There are a few exceptions that make it legal to tape record a conversation. One of these is that a member of law enforcement can tape record a conversation without the knowledge of a “suspect” as part of the police officers official duties during their investigation of criminal activity. A second exception is that the police can authorize a witness in a possible criminal case to tape record a conversation with a suspect to a crime, even if the suspect does not know that they are being secretly recorded. This often happens in cases of sexual abuse, where a minor claims that an adult has molested them. The police will encourage and authorize the minor to place a phone call to the “suspect” in an attempt to have the suspect make admissions or confessions to having sexually abused the minor. If this type of evidence is obtained it is admissible in court and very often leads to the conviction of the suspect.
The best advise that we can provide you in this type of a situation would be:
1. Never to tape record a conversation without the knowledge of the other party (and make certain that authorization is given during the taped conversation).
2. When speaking to someone on the phone never make any admission to a criminal offense since you never know if the person on the other end of the phone has legal permission from law enforcement to tape record the conversation.
If you or a loved one is accused of a crime contact the criminal defense attorneys at Wallin and Klarich. Wallin and Klarich has been successfully defending clients for over 40 years. We will work to aggressively help you and to ensure that your rights are protected. The attorneys at Wallin & Klarich can be reached by phone at 888-749-0034. We will be there when you call.
