Legal Question in Criminal Law in Michigan

In Michigan, is it legal to record a conversation that you are taking part in without permission of all parties involved?


Asked on 3/31/10, 4:56 am

3 Answers from Attorneys

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Answered on 4/05/10, 5:41 am
William Morrison Action Defense Center

Generally,no.

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Answered on 4/05/10, 7:08 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

I disagree with Mr. Morrison's answer. As I understand it (and contrary to what Wikipedia.com says), Michigan is a "one-party" state ... meaning that only one person involved in a conversation needs to know about and agree to have a conversation recorded. Many other states are "two-party" states, meaning that both/all parties in a conversation must knowingly agree to the recording. So, under Michigan law, you may record your phone calls .... but you cannot set up a device to automatically record, for example, all calls made on your home phone if other people (who don't know about and have not consented to the recording) would be using the phone and are getting recorded. That's "electronic monitoring", a.k.a. eavesdropping. It is a 2-year felony, per MCL 750.539c, which makes it illegal to wilfully use a device to eavesdrop on the private conversation of other parties without all of their consent. If YOU are part of the conversation, then it isn't a "PRIVATE conversation" ... and thus it isn't illegal to record conversations you are involved in. BUT: If the phone call involves people who are in other states, you might violate that other state's laws if that other state is a "2-party" state because those people enjoy the expecation that their laws will protect them. AND: An inter-state call might also bring Federal law into play, which I believe is akin to a "2-party consent" law.

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Answered on 4/07/10, 3:06 pm


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