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

Lawyers often receive inquiries about the B. In the case of a telephone or
legalities of recording phone or other in-person conversation, recording simply
conversations in Arizona. In particular, means making a copy of the conversation
the issue frequently arises in family law between two or more people. Recording is
cases where child custody is at issue. illegal in Arizona if NO party to the
Related to the recording issue is the conversation knows that the conversation
"bugging" issue. is being recorded. However, in Arizona,
There are a number of variables that and this varies by state, if one party to
affect the answer to the central the conversation knows that the
question, whether it is legal to either conversation is being recorded, it is not
record or even bug conversations. First, illegal. Thus, if someone tape records a
bugging and recording are two different phone call or conversation involving him
issues under Arizona law, often related, herself and another person, even one who
but also potentially very different under is unaware of being recorded, that's
the law. Second, the laws regarding legal in Arizona. If the same person
bugging and recording vary significantly taps into a phone line and records a
by jurisdiction so what is legal in one conversation between two people who are
state may be illegal in another. As unaware they are being recorded, it is
well, the federal law may vary from state ILLEGAL. Arizona and federal law are
laws. similar in this respect; however,
The following is a very brief analysis of recording conversations is illegal in
the bugging and recording law in Arizona: certain other states unless all parties
A. Bugging, otherwise known as know of the recording and consent. There
wiretapping, typically means placing a may be some cross-jurisdictional issues
device on a phone that allows one to involved when tape recording a
eavesdrop on a conversation or other conversation across state or national
transmission. Bugging by a private party boundaries. Prior to tape recording, it
is considered illegal almost all of the is recommended that you consult an
time for two reasons primarily: First, attorney in the appropriate jurisdiction.
it allows someone to listen to a private In summary, bugging/wiretapping is always
conversation between two or more illegal while tape recording is legal in
unsuspecting parties. Second, bugs are Arizona as long as one party to the
usually placed without permission so you conversation is aware the conversation is
have a number of infractions inherent in being recorded. However, don't make
such trespass-like activity. If you assumptions about the law in other states
suspect someone has placed a bug on your -consult an attorney to determine what is
phone or other device, you should call allowed.
the police.




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