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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101539
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in Colorado and have been searching and searching to

Customer Question

Hi-
I live in Colorado and have been searching and searching to try and find an answer as to whether or not it is legal to record a conversation of a minor without their consent. My son was 14 at the time of this recorded call. I am not sure whether it was the DA, or the detective assigned to this case who gave authorization for this recorded call. What I do know is that neither I, nor my son knew the conversation was being recorded. So, ultimately, I am asking two questions: 1. Was it legal for either the DA or the detective to record the conversation without my consent or his? 2. Would this recorded conversation be admissible in court? Lastly, how can I find any precedences to support same? To me, this feels more like entrapment vs justice. Should there not be laws in place to protect minors?
Thanks so much for your time!
Best,
Rachel
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Per Colo. Rev. Stat. § 18-9-303, consent of at least one party is required to record an electronic conversation in CO. But this one party may be the same party that is recording it.

There is no exception if one party is a minor. Since one party (the DA/police) is the party of consent, that is all that is needed. (Technically, they may also have had a court order allowing them to do this, but I assume they did not - but even if they did not, the statutory law allows them to be the party of consent).

So this may be used in court.

Entrapment depends on what was said, rather than recording. Entrapment occurs when the police instigate a criminal action. For example, if an undercover agent tells a suspect "let's blow something up" - that would be entrapment on terrorist-related charges. I do not know what was said, but simply recording the conversation itself is not entrapment.

The law applies the same whether the non-consenting party is a minor or not.

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Expert:  Ely replied 1 year ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!