Q: I have very good reason to believe my wife is having an affair.
Would it be legal for me to put a voice recorder in her car. I am the legal owner,only my name is on the title.
Short answer is no.
Long answer is that this would be a crime and could get you in serious trouble. Also it would be cited in the divorce. If you feel she is being unfaithful speak to a divorce attorney about how to proved it legally and if it would even be helpful.
As a general rule, Missouri's wiretapping law is a "one-party consent" law. Missouri law makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. See Mo. Rev. Stat. § 542.402.2(2)(3). So, if you are part of the conversation in the car, then it would likely be legal to record it. But if you are not present and no party to the conversation consents, it would likely be illegal.
Further, it's also worth noting that federal wiretap laws generally require one party's consent to legally record a conversation. However, if the recording is being used for the purpose of committing a criminal or tortious act, federal wiretap laws require the consent of all parties.
Also, aside from potential criminal liability, violating these laws could potentially expose you to a civil lawsuit for damages by the person whose conversation was recorded.
Remember, just because the car is in your name does not necessarily give you the right to invade other people's privacy. It's important to respect privacy rights, even in your own property. Again, these are complex issues and this is a simplified explanation, so you should consult with a lawyer for advice tailored to your specific circumstances.
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