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