Tucson, AZ asked in Criminal Law, Family Law and Child Custody for Arizona

Q: In Arizona a coworker keeps talking about the drugs he does, he has 3 kids is it illegal for me to tape him? For police

He keeps talking about "the big ol rocks" he's gunna buy with his check and I've seen him myself smoke drugs outside work. Also can I use the tape to call department of child services?

1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: Arizona is a one-party consent state when it comes to recording conversations between two individuals. If you and another party are having a conversation, it is legal for you to record the conversation. It is NOT legal to record a conversation between two other parties unless one of the parties has given you permission to record.

Technically, you do not need the tape to call CPS. Unless he is a single parent or has admitted to drug use when he is responsible for child care, merely having a substance abuse problem may not be sufficient to open a CPS case if someone else is caring for the children when he is using.

There are always potential consequences when you insert yourself into these situations, so you should carefully weigh how much you believe your actions might protect his children versus how much your actions might place you in personal danger. If you have kids of your own, you should also consider any potential danger you may be placing your own children in.

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