Can the Police Secretly Record a Conversation for Evidence?
Generally, any recorded conversation that is used for evidence must have consent from at least one party involved in the conversation. Police are no exception, unless they have obtained a warrant.
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Necessities
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If the police want to tape record a conversation, they must first receive a warrant from a judge or gain permission from at least one of the parties they are recording. If they do not, any information obtained is inadmissible in court.
Details
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Whenever a conversation is recorded, at least one party must know about it. It is illegal in every state to record a conversation between two people that do not know they are being recorded. If this occurs, even by the police, the evidence obtained is inadmissible in court, unless a warrant was in place.
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Features
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There are currently 12 states that require the consent of all parties in a conversation before tape recording is allowed. These states are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
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