Recording a Conversation Without the Consent of All Parties
Have you ever wondered if the law allows you to record a conversation? You might have heard of the term “two-party consent,” wherein all participants give their permission. On the other hand, “one-party consent” allows recording if just one of the participants give their consent.
The success of a car accident case depends on being able to collect sufficient evidence. The evidence must establish liability, seriousness of injury, and value of your losses. A video recording is vital for documenting what occurred after the crash, such as the driver’s admission of fault or apology. It may also show the other driver’s impairment from drugs or alcohol.
The Michigan Wiretapping Law
Wiretapping is the act of recording telephone calls and other electronic means of communication. Wiretaps are considered by many to be an effective investigation tool. For instance, federal law enforcement officers use this to stem organized crime and the illicit drug trade.
Unfortunately, recording conversations is not always legal. Michigan’s eavesdropping statute 750.539c states that a person is guilty of a felony and punishable by imprisonment or paying a fine if the following acts are committed:
- Willfully using a device to eavesdrop on a conversation without the consent of all parties involved
- Deliberately aiding, employing, or procuring another person to do the same violation
This appears as an all-party consent law. However, the Michigan court decided that a participant in a private conversation can still record without violating the statute. This is because the term “eavesdrop” only pertains to overhearing or recording private conversations of other people.
It is unclear whether you can record a phone call or conversation if you are a party to it. However, if you plan to record a conversation you’re not part of, you must get the consent of all parties.
Rule on Recording Conversations in Michigan
In-Person Private Conversations
The state requires that all parties involved must give their consent before anyone who isn’t part of the conversation can record a private in-person conversation.
There is mixed opinion among courts on whether the law permits a participant in the conversation to record without the other parties’ consent. However, the Michigan Supreme Court maintained that the law applies only to private conversations. Consent is needed only if the conversation has a reasonable expectation of privacy.
On the other hand, the state’s hidden camera law applies to recording video and sound. Recording conversations happening in places where the person involved is entitled to privacy is considered a felony.
Telephones and Electronic Communications
The eavesdropping law also applies to private conversations over the telephone. Participants are not allowed to record phone calls without permission from all other parties.
It’s also considered a felony to:
- Make unauthorized connections to telegraphs, wires, cables, computer programs, computer networks, telephones, systems, or other electronic mediums of communication
- Copy or read messages from telegraphs, wires, cables, computer programs, computer networks, telephones, systems, or other electronic mediums of communication without authorization
- Therefore, consent is also needed to copy or read the contents of email or text messages sent between electronic devices.
Hidden Cameras
Using or putting a device to observe, record sound, photograph or eavesdrop on a person in a private place is considered as felony.
A private place is defined as an area where a person is expected to feel safe from intrusion or surveillance without his consent. Filming in parks or public streets doesn’t make a person liable under this law, nor does filming in a place where access is given to a significant portion of the public such as the hotel lobby.
The state also doesn’t allow photography, surveillance, or recording of individuals wearing only undergarments or naked under situations where the person is expected to have privacy.
Can a Recorded Conversation Be Accepted as Evidence in a Lawsuit?
An illegally recorded conversation is likely inadmissible in court because of Michigan eavesdropping laws.
Note that legally recorded conversations may also not be acceptable because of the hearsay rule. The hearsay rule doesn’t allow statements made outside court to be used to verify if a statement is true.
For instance, a legally recorded conversation between you and your colleague in which they say, “I stole some of the department’s funds,” isn’t admissible in court to prove his wrongdoing. The recording is acceptable to prove your colleague made the statement but not to prove that it’s actually true.
Where Does Michigan Stand on Recording Public Meetings and Court Hearings?
Court Hearings
Michigan law usually permits video and sound recording of state court hearings. However, the presiding judge must give his permission at least three business days prior to the hearing.
The court reserves the right to prohibit or stop recording if it decides it is in the interest of justice. For example, the court may exclude recordings of witnesses or testimonies that contain confidential business information.
Federal courts in Michigan, both appellate and trial level, don’t allow recording devices and cameras in the courtroom.
Public Meetings
State law allows video and sound recordings and live broadcasts of public meetings. Exercising this right doesn’t need prior approval from the public body. However, the public body can set rules and regulations to prevent disruption of the meeting.
A Personal Injury Attorney Help Check the Admissibility of Your Recordings
Your chances of getting a substantial car accident claim depend on the amount of evidence you can gather. Unfortunately, collecting crucial evidence is the last thing on your mind when you’re already stressed or seriously injured.
A personal injury attorney is focused on marshaling evidence for your case and ensuring that all will be admissible in court. Examples of evidence essential in a motor vehicle accident include:
- Cell phone records
- Surveillance video footage
- Photographs and videos of the accident scene
- Cell phone records
- Expert testimony
Contact The Clark Law Office to Better Understand Michigan’s Eavesdropping Statute.
Michigan’s eavesdropping statute is quite complex. To avoid criminal and civil liability, it’s essential to know how to comply with state law. You also need to make sure that the recording is admissible in court.
The Clark Law Office comprises a team of top-notch personal injury and auto accident lawyers in Michigan. Contact us to schedule a free consultation so we can determine the best way to move forward with your case.
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