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