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  1. #1

    Default Recording Conversations Without Permission

    My question involves criminal law for the state of: Michigan and Texas

    Can you press charges against an individual who records a conversation when you have expressly told them that they do not have permission to record and you have also asked them if they are recording the conversation and they say no they are not.

  2. #2
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    Default Re: Recording Conversations Without Permission

    What state are you in and what does each state outline, a one party or two party state for telephone recording purposes?

  3. #3
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    Default Re: Recording Conversations Without Permission

    Texas isn't a two party state.
    Michigan is. If you are in Michigan you definitely have a course of action if you were told there was no recording being made.

  4. #4

    Default Re: Recording Conversations Without Permission

    So even if you specifically tell someone that they do not have permission to tape record and they do it anyway in Texas, it is not illegal? Recordings were done in both Texas and Michigan. He is using the recordings in a lawsuit but the individuals he recorded did not give him permission and many of them told him not to record them. What kind of lawyer should we contact to pursue the illegal recordings in Michigan?

  5. #5
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    Default Re: Recording Conversations Without Permission

    Michigan is a one party consent state. If you're a party to the conversation you can record it.

  6. #6
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    Default Re: Recording Conversations Without Permission

    Sorry Bullwinkle, but Sullivan is not definitive. Sullivan doesn't set precedent for the entire state. Subsequent Michigan decisions like Dickerson v. Raphael, pretty much indicate that it would behoove you to consider it an all party state.

  7. #7
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    Default Re: Recording Conversations Without Permission

    Quote Quoting Sinclairbett
    View Post
    So even if you specifically tell someone that they do not have permission to tape record and they do it anyway in Texas, it is not illegal? Recordings were done in both Texas and Michigan. He is using the recordings in a lawsuit but the individuals he recorded did not give him permission and many of them told him not to record them. What kind of lawyer should we contact to pursue the illegal recordings in Michigan?
    I have read before where there is a conflict of state laws, federal law can be argued to prevail, and they are a one party statute.

    Obviously they are interstate, so any legal argument of admission would need to be made to the court for any side who is disadvantaged by them.

  8. #8
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    Default Re: Recording Conversations Without Permission

    There's no conflict of state laws here. The issue is whether federal law provides an additional requirement over interstate communication. Federally, the rule is all parties.

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