Severn, MD asked in Car Accidents, Civil Rights and Communications Law for Maryland

Q: Is it legal in MD to record, without permission/consent, the conversations occurring after an auto accident?

Is it legal in MD to record, without permission/consent, the conversations occurring after an auto accident?

I read an article that cited MD 2013 Code, which explained that it was legal to record the conversations after an auto accident, citing that the law (or case law) did not deem the conversation as "private." Reading through the 2018 MD Code 10-402, I don't see any reference to this use-case. Has the code changed, or is there case law that provides for this interpretation? Thank you for your help!

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Maryland is a two-party consent state when it comes to audio recordings: both parties must consent to the recording. There is no exceptions for auto accidents. Video recording is not covered under this law, but unless you have a way to turn off the audio recording capacity of your video device, you may not record. Consent may be implied, however, if you announce you’re recording and the persons present both hear that and do not object. This is why a person who calls and leaves a message on someone’s voicemail cannot object to the recording being used against them: they knew they were being recorded and made verbal statements anyway, and therefore they impliedly consented to being recorded.

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