| Lawyers often receive inquiries about the | | | | recording conversations is illegal in certain |
| legalities of recording phone or other | | | | other states unless all parties know of the |
| conversations in Arizona. In particular, the | | | | recording and consent. There may be some |
| issue frequently arises in family law cases | | | | cross-jurisdictional issues involved when |
| where child custody is at issue. Related to | | | | tape recording a conversation across state or |
| the recording issue is the "bugging" issue. | | | | national boundaries. Prior to tape recording, |
| | | | it is recommended that you consult an |
| There are a number of variables that affect | | | | attorney in the appropriate jurisdiction. |
| the answer to the central question, whether | | | | |
| it is legal to either record or even bug | | | | In summary, bugging/wiretapping is always |
| conversations. First, bugging and recording | | | | illegal while tape recording is legal in |
| are two different issues under Arizona law, | | | | Arizona as long as one party to the |
| often related, but also potentially very | | | | conversation is aware the conversation is |
| different under the law. | | | | being recorded. However, don't make |
| | | | assumptions about the law in other states |
| Second, the laws regarding bugging and | | | | -consult an attorney to determine what is |
| recording vary significantly by jurisdiction | | | | allowed. |
| so what is legal in one state may be illegal | | | | |
| in another. As well, the federal law may vary | | | | Phoenix office: |
| from state laws. | | | | |
| | | | 3030 N. Central Ave., Ste. 705 |
| The following is a very brief analysis of the | | | | |
| bugging and recording law in Arizona: | | | | Phoenix, Arizona 85012 |
| | | | |
| A. Bugging, otherwise known as wiretapping, | | | | Ph: 602-631-9555 Fx: 602-631-4004 |
| typically means placing a device on a phone | | | | |
| that allows one to eavesdrop on a | | | | Goodyear office: |
| conversation or other transmission. Bugging | | | | |
| by a private party is considered illegal | | | | 1616 N. Litchfield Rd., Ste. 240 |
| almost all of the time for two reasons | | | | |
| primarily: First, it allows someone to listen | | | | Goodyear, Arizona 85338 |
| to a private conversation between two or more | | | | |
| unsuspecting parties. Second, bugs are | | | | Ph: 623-344-7880 Fx: 602-631-4004 |
| usually placed without permission so you have | | | | |
| a number of infractions inherent in such | | | | Visit our website: |
| trespass-like activity. If you suspect | | | | |
| someone has placed a bug on your phone or | | | | Check out our web log: |
| other device, you should call the police. | | | | |
| | | | Disclaimer: Wilcox & Wilcox, P.C. and its |
| B. In the case of a telephone or in-person | | | | principles, agents and/or representatives, |
| conversation, recording simply means making a | | | | make no guarantees or representations as to |
| copy of the conversation between two or more | | | | the accuracy or currency of any information |
| people. Recording is illegal in Arizona if NO | | | | herein contained. Providing this brochure |
| party to the conversation knows that the | | | | does not establish an attorney-client |
| conversation is being recorded. However, in | | | | relationship. To create such relationship, |
| Arizona, and this varies by state, if one | | | | both the attorney and potential client must |
| party to the conversation knows that the | | | | sign a written fee agreement. This |
| conversation is being recorded, it is not | | | | information is meant only as general |
| illegal. Thus, if someone tape records a | | | | information, may not apply to your case |
| phone call or conversation involving him | | | | specifically and is not meant to be relied |
| herself and another person, even one who is | | | | upon for purposes of taking legal action. You |
| unaware of being recorded, that's legal in | | | | should contact an attorney in person for |
| Arizona. If the same person taps into a phone | | | | further and specific information. Our family |
| line and records a conversation between two | | | | law attorneys are licensed in Arizona only. |
| people who are unaware they are being | | | | |
| recorded, it is ILLEGAL. Arizona and federal | | | | Copyright © Wilcox & Wilcox, P.C. |
| law are similar in this respect; however, | | | | |