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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34747
Experience:  16 yrs. of trial experience
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Is it legal in the state of Michigan to record a

Customer Question

Is it legal in the state of Michigan to record a conversation without the consent of the person being recorded?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Customer: replied 1 year ago.
Is it legal in the state of Michigan to record a conversation without consent of the person being recorded?
Expert:  P. Simmons replied 1 year ago.

Michigan is considered an "all party state". This means that under MI law, it a crime to "use any device to eavesdrop upon a conversation without the consent of all parties." Mich. Comp. Laws § 750.539c

Now...there is some question about this statue, as one court has ruled that a participant in a private conversation may record it without violating the statute because the statutory term "eavesdrop" refers only to overhearing or recording the private conversations of others. See Sullivan v. Gray, 342 N.W. 2d 58, 60-61 (Mich. Ct. App. 1982)

So in theory a person could record someone without their consent and the police refuse to prosecute because of this case.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.