Is it illegal to record a phone call from someone who is threatening your life over that call when you know that there is simply no time to gel a court permission to record?

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Is it illegal to record a phone call from someone who is threatening your life over that call when you know that there is simply no time to gel a court permission to record?

Asked on December 14, 2011 under Personal Injury, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First, you need to check the laws of your state: if you are in a "one-party consent" state, then as long as one of the parties to the phone call--that is, you--consent to the recording, it is legal...and by definition, if you are recording it, you consent to the recording.

If you are in a two-party consent state, then it is illegal to record without the consent of the other party. However, if the authorities try to bring criminal charges against you, you *may* have a good defense: necessity. The law sometimes justifies otherwise illegal behavior on the grounds that it was necessary to prevent a greater harm. It is not certain you would prevail on this basis, but it is at least a reasonable defense to invoke.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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