Bugging and Tape Recording Conversations in Arizona: Is it Legal?

Lawyers often receive inquiries about the legalities offederal law are similar in this respect; however,
recording phone or other conversations in Arizona. Inrecording conversations is illegal in certain other states
particular, the issue frequently arises in family lawunless all parties know of the recording and consent.
cases where child custody is at issue. Related to theThere may be some cross-jurisdictional issues involved
recording issue is the "bugging" issue.when tape recording a conversation across state or
There are a number of variables that affect thenational boundaries. Prior to tape recording, I
answer to the central question, whether it is legal torecommend that you consult an attorney in the
either record or even bug conversations. First, buggingappropriate jurisdiction.
and recording are two different issues under ArizonaIn summary, bugging/wiretapping is always illegal while
law, often related, but also potentially very differenttape recording is legal in Arizona as long as one party
under the law. Second, the laws regarding bugging andto the conversation is aware the conversation is being
recording vary significantly by jurisdiction so what isrecorded. However, don't make assumptions about the
legal in one state may be illegal in another. As well, thelaw in other states -consult an attorney to determine
federal law may vary from state laws.what is allowed.
The following is a very brief analysis of the buggingWilcox & Wilcox, P.C.
and recording law in Arizona:Trent Wilcox
A. Bugging, otherwise known as wiretapping, typicallyFor the Firm
means placing a device on a phone that allows one toPhoenix office:
eavesdrop on a conversation or other transmission.3030 N. Central Ave., Ste. 705
Bugging by a private party is considered illegal almostPhoenix, Arizona 85012
all of the time for two reasons primarily: First, it allowsPh: 602-631-9555
someone to listen to a private conversation betweenFx: 602-631-4004
two or more unsuspecting parties. Second, bugs areGoodyear office:
usually placed without permission so you have a1616 N. Litchfield Rd., Ste. 240
number of infractions inherent in such trespass-likeGoodyear, Arizona 85338
activity. If you suspect someone has placed a bug onPh: 623-344-7880
your phone or other device, you should call the police.Fx: 602-631-4004
B. In the case of a telephone or in-person conversation,Visit our website:
recording simply means making a copy of theCheck out our web log:
conversation between two or more people. RecordingDisclaimer: Providing the above information does not
is illegal in Arizona if NO party to the conversationestablish an attorney-client relationship. To create such
knows that the conversation is being recorded.a relationship, both the attorney and potential client
However, in Arizona, and this varies by state, if onemust sign a written fee agreement. The information
party to the conversation knows that the conversationcontained herein is meant only as general information
is being recorded, it is not illegal. Thus, if someone tapeand is not meant to be relied upon for the purpose of
records a phone call or conversation involving himtaking legal action. You should contact an attorney in
herself and another person, even one who is unawareperson for further and specific information. Wilcox
of being recorded, that's legal in Arizona. If the same& Wilcox, P.C. attorneys are licensed in Arizona
person taps into a phone line and records aonly except for personal injury attorney Robert N.
conversation between two people who are unawareEdwards, who is licensed in Arizona and Minnesota.
they are being recorded, it is ILLEGAL. Arizona andInformation in this article may apply only to Arizona.