1

CA Penal Code 632 sets forth that all parties must be notified that a conversation is to be recorded.

I have a person whom I'd like to assist in a proceeding, possibly, given the situation is correct.

I live in a different state, Texas, which is not a dual consent state.

Am I correct in thinking that I can record a phone call with a California resident, while I'm located in Texas? The product of which would eventually be used in a California court if all goes well.

EDIT for better context:

1 - The phone call would be made from Texas, by a Texas resident;

2 - The phone call would be made to the wife of a family member (who both live and are married in California);

3 - The recording would be given to the husband's attorney, who would then try the divorce/custody case in the State of California with the recording as evidence (if admissible, granted I'm not stepping on any laws)

I'm not concerned that I'd get in trouble as a Texas resident. I'm concerned about admissibility in California Family Courts.

0

No.

If you are in Texas and they are in California then you must comply with both state’s laws. The collection is illegal under California law and illegally collected evidence is inadmissible.

  • Would it be legal to inform the callee that he is in Texas and that they agree to abide by Texas’s laws? – Viktor Dec 17 '18 at 1:21
  • @Victor you can't agree with someone that certain laws don't apply (unless the law says you can). You can agree for example, that Texas law will apply to a contract but that is only for the interpretation of that contract - any obligations you have under Californian, Pakistani or Uzbek law still apply. – Dale M Dec 17 '18 at 3:27
  • I'd be interested to see how this relates to situations where you do not know where the other person is located - eg a caller with a withheld number. – user4210 Apr 15 '19 at 23:20
  • That isn't true. He only has to comply with Texas law while in Texas. – Putvi Apr 15 '19 at 23:46
  • He has to comply with California law while calling California. See Kearney v. Salomon Smith Barney, Inc. – user6726 Apr 16 '19 at 0:07

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.