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