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  1. #1
    Join Date
    May 2016
    Posts
    1

    Default Can You Record Exchanges Between Children at a Bus Stop

    My question involves criminal law for the state of: Michigan.

    My son is being bullied by another student at the bus stop. If the other student is making threats against my son, or physically contacting him, can i record it as use for documentation of continued bullying for criminal or civil charges without incriminating myself or suscepting myself to civil charges? I ask because it is in a public place but involves children 11-12 years of age and the bully has harmed other students on several occasions, and i am not allowed to physically restrain the bully myself.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Recording Threats Between Your Minor Child and Another Minor at a Bus Stop

    Michigan prohibits recording audio without the consent of all parties. (750.539c)

    You may record video in a public place. I don't think there is any restriction on recording children (unless you're a pedophile).

    You can read the statutes at:

    http://www.legislature.mi.gov/mileg....28-1931-LXXXII

    As for physically restraining the bully, you are always entitled to use force to protect your children from harm but you'd better be damned sure of what you are doing before you touch a child or you'll be spending $20,000 to $30,000 on a lawyer to defend yourself from criminal charges.

    Tell me something.

    the bully has harmed other students on several occasions,
    Why is he still there?

    Are the kids and parents too afraid of him to report him to the police and the school authorities?

    Maybe you should enroll your son in Krav Maga so he can defend himself. Bullies are cowards. They tend to back off once they are decked by somebody who stands up to them.

    "If you can cheat, so can I. I won't let you beat me unfairly - I'll beat you unfairly first.
    - Ender ”
    ― Orson Scott Card, Ender's Game

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Recording Threats Between Your Minor Child and Another Minor at a Bus Stop

    Michigan allows the recording of conversations if the person making the recording is a party to the conversation, without the permission of any other party.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Recording Threats Between Your Minor Child and Another Minor at a Bus Stop

    Quote Quoting aaron
    View Post
    Michigan allows the recording of conversations if the person making the recording is a party to the conversation, without the permission of any other party.
    Nope. Michigan is an all party consent state:

    750.539c Eavesdropping upon private conversation.
    Any person who is present or who is not present during a private conversation and who wilfully uses any device to eavesdrop upon the conversation without the consent of all parties thereto, or who knowingly aids, employs or procures another person to do the same in violation of this section, is guilty of a felony punishable by imprisonment in a state prison for not more than 2 years or by a fine of not more than $2,000.00, or both.


    It isn't likely to be illegal to record audio in a public place where the OP would do it overtly, but it would be illegal for the OP to put a hidden microphone in his sons pocket or have his son record the exchange with a cell phone. That recording would be illegal and not admissable in court.

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