Bugging and Tape Recording Conversations in Arizona: Is it Legal?

Lawyers often receive inquiries about the legalities ofconversation between two people who are unaware
recording phone or other conversations in Arizona. Inthey are being recorded, it is ILLEGAL. Arizona and
particular, the issue frequently arises in family lawfederal law are similar in this respect; however,
cases where child custody is at issue. Related to therecording conversations is illegal in certain other states
recording issue is the "bugging" issue.unless all parties know of the recording and consent.
There are a number of variables that affect theThere may be some cross-jurisdictional issues involved
answer to the central question, whether it is legal towhen tape recording a conversation across state or
either record or even bug conversations. First, buggingnational boundaries. Prior to tape recording, it is
and recording are two different issues under Arizonarecommended that you consult an attorney in the
law, often related, but also potentially very differentappropriate jurisdiction.
under the law.In summary, bugging/wiretapping is always illegal while
Second, the laws regarding bugging and recording varytape recording is legal in Arizona as long as one party
significantly by jurisdiction so what is legal in one stateto the conversation is aware the conversation is being
may be illegal in another. As well, the federal law mayrecorded. However, don't make assumptions about the
vary from state laws.law in other states -consult an attorney to determine
The following is a very brief analysis of the buggingwhat is allowed.
and recording law in Arizona:Phoenix office:
A. Bugging, otherwise known as wiretapping, typically3030 N. Central Ave., Ste. 705
means placing a device on a phone that allows one toPhoenix, Arizona 85012
eavesdrop on a conversation or other transmission.Ph: 602-631-9555 Fx: 602-631-4004
Bugging by a private party is considered illegal almostGoodyear office:
all of the time for two reasons primarily: First, it allows1616 N. Litchfield Rd., Ste. 240
someone to listen to a private conversation betweenGoodyear, Arizona 85338
two or more unsuspecting parties. Second, bugs arePh: 623-344-7880 Fx: 602-631-4004
usually placed without permission so you have aVisit our website:
number of infractions inherent in such trespass-likeCheck out our web log:
activity. If you suspect someone has placed a bug onDisclaimer: Wilcox & Wilcox, P.C. and its principles,
your phone or other device, you should call the police.agents and/or representatives, make no guarantees or
B. In the case of a telephone or in-person conversation,representations as to the accuracy or currency of any
recording simply means making a copy of theinformation herein contained. Providing this brochure
conversation between two or more people. Recordingdoes not establish an attorney-client relationship. To
is illegal in Arizona if NO party to the conversationcreate such relationship, both the attorney and potential
knows that the conversation is being recorded.client must sign a written fee agreement. This
However, in Arizona, and this varies by state, if oneinformation is meant only as general information, may
party to the conversation knows that the conversationnot apply to your case specifically and is not meant to
is being recorded, it is not illegal. Thus, if someone tapebe relied upon for purposes of taking legal action. You
records a phone call or conversation involving himshould contact an attorney in person for further and
herself and another person, even one who is unawarespecific information. Our family law attorneys are
of being recorded, that's legal in Arizona. If the samelicensed in Arizona only.
person taps into a phone line and records aCopyright © Wilcox & Wilcox, P.C.