Midland, TX asked in Criminal Law for Texas

Q: Can a Texas employer legally record audio without consent?

I was a Peace Officer working in a jail. Personnel of the jail placed an audio recorder in the guard station of the block. They then charged me with a felony, as well as tampering with evidence because they stated that the device did not have a SD Card. The charges are likely to be dropped, the entire department is under investigation. However I was just wondering if it was even legal for them to use an audio device without warrant?

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1 Lawyer Answer
Roy Lee Warren
Roy Lee Warren
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: I believe it may be illegal but I am sure the state will claim there was no expectation of privacy to try to circumvent the law. To legally record a conversation in Texas you must be a party to the conversation but because inmates are regularly recorded, and warned their calls are subject to monitoring they are claimed to not have an expectation of privacy.

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