Is It Illegal To Record A Conversation In Michigan?

Over time, we have seen countless times in television shows and movies where someone is able to obtain valuable information by recording a conversation in which the person is unaware, they are being recorded. Most of the time, this conversation happens between two other people with the subject sitting nearby but sometimes people have the courage to record their own conversation.

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Recorded conversations can be used for several reasons but most of the time they are used to remind people of what they said at a previous time during a court case. Now, as we know, evidence involved in a court case must be admissible to the court and not obtained illegally. A small problem could occur is someone is unaware of the laws surrounding recording a conversation in Michigan.

The simple answer is no, it's not illegal to record a conversation in Michigan but the more complex answer is yes, it is illegal to record a conversation in Michigan. Now, I can imagine that you're asking yourself how the answer can be both yes and no, don't worry, I'll break it down for you.

Have You Recorded A Conversation Without Someone's Consent?

The Detroit Free Press via MSN reports:

Michigan is what's called a "one-party" consent state which means it's legal to record as long as one person taking part in the conversation consents. But recording a conversation that a person is not participating in violates the eavesdropping statute, Heath said. Violating that law is a felony punishable with a fine up to $2,000 or two years in prison. These types of cases focus on if there's an expectation of privacy. In public settings, where there isn't an expectation of privacy, for instance, the statute wouldn't necessarily apply, she said.

It also gets tricky if someone from Michigan calls someone from another state. In some other states, all parties involved in the conversation have to consent to being recorded. Which means someone could be breaking the law by recording a conversation with someone else without their permission.

While any moment can be captured and used for a number of reasons later, the most important thing to remember is to capture that moment legally so it doesn't come back to bite you later.