Legal Question in Civil Rights Law in California

is it legal for a school teacher to audio record a conversation without consent, from the student?

Asked on 5/07/17, 1:50 am

1 Answer from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

No. Although there is something called the "one-party rule", meaning only one person needs to know about the recording (including the person recording), in California, the Supreme Court of California ruled in, Kearney v. Salomon Smith Barney Inc., 39 Cal. 4th 95, there must be consent of ALL callers.

Only exception is recordings by one of the parties can legally be made if the other party is threatening, extorting, bribing, OR threatening violence.

Also included are misdemeanor obscenity and threats of injury to persons or property by an electronic communication device). All threats must be directed towards one's self or family members and NOT THIRD PARTIES for this exception to apply. -California Penal Code ยง 633.5

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Answered on 5/07/17, 2:48 am

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