Guns, Gams & Gumshoes

A defense attorney & PI who also happen to be writers

  • Writing a Sleuth?

    A Guide for Writing Fictional Sleuths from a Couple of Real-Life Sleuths

    "How to Write a Dick is the best work of its kind I’ve ever come across because it covers the whole spectrum in an entertaining style that will appeal to layman and lawmen alike."

    Available on Kindle

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Answering Writers’ Questions: Legalities of Recording Conversations

Posted by Writing PIs on January 6, 2010

 

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Today we’re posting some writers’ questions & our answers about recording conversations.

WRITER’S QUESTION: Is it legal to tape your conversation with another person if you don’t make them aware that they are being taped? I believe this is different for different states.  Do you know where I might search online to find these regulations?

GUNS, GAMS, AND GUMSHOES’S ANSWER: Here’s an overview of federal and state recording laws: http://www.rcfp.org/taping/states.html

WRITER’S QUESTION:  In my story, a cop (not PI) routinely turns on a tape recorder in his pocket when he’s questioning witnesses, but there’s one time in particular that I don’t want him to have to ask permission.  I’m not worried about whether it’s admissible in court, but if it’s a big no-no to even do it, I’ll need to change the story at that point.

GUNS, GAMS, AND GUMSHOES’S ANSWER: Unless your cop is asking permission to tape the conversation, he’s playing with eavesdropping (which is a felony). Saying that, cops have certain privileges to work around these things, such as necessity. Keep in mind a D.A. most likely isn’t hot to prosecute a cop for eavesdropping. Our suggestion is to interview a police officer about your story scenario.

As PIs, we don’t record anyone without their permission. Period.

Have a great week, Writing PIs

Click on cover to go to book's Amazon page

Click on cover to go to book’s Amazon page

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