Asked in Business Law and Civil Rights for California

Q: Can I record myself in a nonprivate conversation with staff about unfair treatment in a recuperative care shelter I live

Discussion was about unfair treatment and frequent policy changes as retaliatory conduct against residents who complain or start grievance process. Discussion was in front of other residents, not a private conversation. I recorded my voice and responses out of concern that my words would be misconstrued or taken out of context. No other voices are heard. I was told by staff that my recording was illegal. I thought that shelters had the same laws for fair housing and that I had a right to record conversations that are not confidential or record any misconduct.

Related Topics:
3 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: You need the consent of all persons present to be able to record a conversation in the kind of circumstances you have described before you start recording. You are essentially an invited guest at the shelter, and are required to follow their rules and procedures while you are resident there.

James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: Even if claim you it to be confidential, other may not. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Dan Rowan Cortright
Dan Rowan Cortright
Answered
  • Civil Rights Lawyer
  • Sebastopol, CA
  • Licensed in California

A: It is not illegal to record a conversation where there was not consent by all parties involved (i.e. you did not break a law). The recording, however, is not admissible as evidence in any action regarding the subject or content of the recording.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.