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Is it legal in CA to audiotape conversation in public place without other's consent?

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  • #16
    The statute doesn't rely on place (public or private) but rather the nature of the conversation. See 632(c) which defines which conversations are covered. There is no reference to the location being private or public.
    If you see me running try to keep up!

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    • #17
      Originally posted by LeeRoy View Post
      The statute doesn't rely on place (public or private) but rather the nature of the conversation. See 632(c) which defines which conversations are covered. There is no reference to the location being private or public.
      The conversation would have to be confidential in nature. Simply recording someone is not illegal.

      Also see PC 633.5

      Nothing in Section 631, 632, 632.5, 632.6, or 632.7
      prohibits one party to a confidential communication from recording
      the communication for the purpose of obtaining evidence reasonably
      believed to relate to the commission by another party to the
      communication of the crime of extortion, kidnapping, bribery, any
      felony involving violence against the person, or a violation of
      Section 653m. Nothing in Section 631, 632, 632.5, 632.6, or 632.7
      renders any evidence so obtained inadmissible in a prosecution for
      extortion, kidnapping, bribery, any felony involving violence against
      the person, a violation of Section 653m, or any crime in connection
      therewith.

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