Taping phone conversations?

[oliviasgrace]

What is the name of your state (only U.S. law)? MI

I hope this is the right place to post this question.

My online research rendered confliciting info on legality of audiotaping phone conversations in Michigan. Can someone please clear this up for me? Some info indicates MI is two party state, other info indicates one party.

 

[TinkerBelleLuvr]

Actually it is an "all-party" state; think three-way conversation here. All parties must consent to recording.

 

[Some Random Guy]

Any person who willfully uses any device to overhear or record a conversation without the consent of all parties is guilty of illegal eavesdropping, whether or not they were present for the conversation. Illegal eavesdropping can be punished as a felony carrying a jail term of up to two years and a fine of up to $2,000. Mich. Comp. Laws § 750.539c.

my emphasis added, from "Can We Tape?"
which has more info to look at.

Of course, uif you want to look directly at the state website, go to
Michigan Legislature - Section 750.539c

 

[oliviasgrace]

Thank you kindly.

 

[quincy]

Actually, Michigan's law is not quite so clear.

The Michigan Court of Appeals has said that the eavesdropping statute is limited to overhearing, recording, amplifying or transmitting the conversation to others, but does NOT apply when a participant in the conversation is doing the recording (even without the consent of the other party). Under Sullivan v Gray, the law permits participant monitoring, but a third party may not record it or listen in as it is being recorded, without permission from all parties to the conversation.

Recording a phone conversation when one is a participant, therefore, is NOT prohibited. Michigan's Supreme Court has not ruled on the matter.

Michigan cases to check out are:

Sullivan v Gray, 324 NW 2d 58 (Mi Ct App 1982)
Lewis v LeGrow, 670 NW 2d 675 (Mi Ct App 2003)
People v Abate, 306 NW 2d 476 (Mi Ct App)
Harkey v Abate, 346 NW 2d 74 (Mi Ct App 1983)
Dickerson v Raphael, 564 NW 2d 85 (Mi Ct App 1997)
Navarra v Bache Hasley Stuart Shields Inc, 510 F Supp 831 (E.D. Mi 1981)

 

[oliviasgrace]

Thank you again.