Which court has jurisdiction, Michigan or AZ?
In MI the law requires that all parties to a tape recorded conversation give consent, so since you did not give consent he can not use the tape and you can object to it being admitted on the grounds that it is an illegal recording.
Any person who willfully uses any device to overhear or record a conversation without the consent of all parties is guilty of illegal eavesdropping, whether or not they were present for the conversation. Illegal eavesdropping can be punished as a felony carrying a jail term of up to two years and a fine of up to $2,000. Mich. Comp. Laws § 750.539c.
In addition, any individual who divulges information he knows, or reasonably should know, was obtained through illegal eavesdropping is guilty of a felony punishable by imprisonment for up to two years and a fine of up to $2,000. Mich. Comp. Laws § 750.539e. Civil liability for actual and punitive damages also are sanctioned. Mich. Comp. Laws § 750.539h.
So federal law wouldn't prevail since the phone conversation was across state lines?
Meaning, he called me (in Arizona) from Michigan
The federal law would apply but the conversation was with you and your child, the child can not give consent since they are a minor and you did not give consent so he did not have one party consent.
Federal law may apply when the conversation is between parties who are in different states, although it is unsettled whether a court will hold in a given case that federal law "pre-empts" state law, but either state may choose to enforce its own laws.
Based on my reading of the law the MI law will control since he called from MI and the call would be entered in the MI court. I think you have grounds to have it kept out of evidence.
The court couldn't say that the father gave consent on the minors behalf then?
Thanks you have been wonderful and have given me real peace with this. I will accept your answer so you can get paid.
when you said that the minor couldn't give permission because she is a minor, could the courts interpret that as the father could give consent for the minor ? Since he is the father?
No he can not give consent for her since he was not a party to the call.
Thanks again for your help! I will sleep good tonight :)
You are welcome.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).