Q: Can a detective in California record a telephone conversation with me without consent or notification?
The conversation was regarding a statement/affidavit I signed regarding juror misconduct in court that I witnessed.
A:
In California, it is generally illegal for someone to record a telephone conversation without the consent of all parties involved. This is known as a "two-party consent" law. The only exceptions to this rule are specific circumstances such as recording to gather evidence of certain serious crimes.
In your situation, a detective would typically need to inform you and obtain your consent before recording the conversation, especially if it pertains to a legal matter like juror misconduct. If you were not informed and did not consent, the recording could be considered illegal.
If you believe your rights have been violated, you might want to consider seeking legal advice to understand your options and any potential recourse. It's important to protect your privacy and ensure that all interactions with law enforcement are conducted lawfully.
1 user found this answer helpful
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.