Can a police officer record a conversation in your home without your consent?

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Can a police officer record a conversation in your home without your consent?

CPS came to my house with a sheriff to ask me questions about a possible child endangerment issue. The sheriff didnt ask me any questions only the CPS worker did. After CPS talked to me they decided not to press charges but the district attorney decided to press criminal charges against me. I was not informed that our conversation was being recorded prior to them entering my home nor during the duration of the cps interview or conclusion of the interview. Is this legal?

Asked on July 27, 2012 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It may very well not be legal under the law in the state of California (which is the state you listed in your question).  There are stricter laws in California as it is known as a "two party rule" state but when there are multiple parties in California you need the consent of all parties to record the conversation.  Speak with your attorney as you may have a basis for dismissal of the charges.  


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