Legal Question in Criminal Law in New Jersey

Taping a Conversation

Can a conversation, whether it is with you or others (not on phone) be taped without their knowledge in New Jersey?

At issue, a co-worker is recording other's conversations


Asked on 8/23/00, 1:32 pm

2 Answers from Attorneys

Allan Marain Law Offices of Allan Marain

Taping a Conversation

New Jersey imposes NO restrictions to surreptitiously tape recording face-to-face conversations, whether the others know they're being recorded or not. Thus, for example, you could leave a tape recorder running in a room and then leave the room, retrieve the tape recorder later, and replay discussions that occurred in your absence.

New Jersey also allows surreptitious taping even of telephone conversations, but ONLY when the person doing the taping is one of the known participants in the discussion. In that respect, New Jersey is unlike a number of other states, such as Maryland, that prohibit surreptitious taping of phone discussions even under the limitations imposed by New Jersey.

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Answered on 9/29/00, 6:07 am
Beverly Muller Beverly Sharps Muller, Esquire

Re: Taping a Conversation

hi -

if you're a party to the conversation, it's ok.

otherwise, it's against the law without a court order. feel free to call me at 609 263-0089 if you have any other questions.

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Answered on 9/28/00, 10:32 pm


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