Legal Question in Civil Litigation in Iowa

Personal Use of Recording Devices

It depends on state law. Some states permit single party consent, others require both parties consent. A current example is Linda Tripp and Monica Luwinsky. The Tripp tapes were legal in Virginia (single party consent) but illegal in Maryland (dual party consent).Check the law of the state where recording was made

IA: 727.8 Electronic and mechanical eavesdropping.

I am not an IA attorney, but one section I found from the Iowa Code is given below; but you should research IA law to get the answer.

Here's a site for searching the 1997 Code: http://www2.legis.state.ia.us/Indices/IACODE-1997.html

Try this also for research help: http://www.silo.lib.ia.us/lawlib.html

727.8 Electronic and mechanical eavesdropping.

Any person, having no right or authority to do so, who taps into or connects a listening or recording device to any telephone or other communication wire, or who by any electronic or mechanical means listens to, records, or otherwise intercepts a conversation or communication of any kind, commits a serious misdemeanor; provided, that the sender or recipient of a message or one who is openly present and participating in or listening to a communication shall not be prohibited herebyfrom recording such message or communication; and further provided, that nothing herein shall restrict the use of any radio or television receiver to receive any communication transmitted by radio or wireless signal.