Eavesdropping in Michigan

Is Eavesdropping in Michigan Legal?  Well, Listen to this…

Some of the most beloved books and movies nowadays are of the “who-dunnit” variety. Murder mysteries and mystery thrillers full of twists and turns and unexpected plot developments. But while fictitious detectives can bug a hotel room with no repercussions, or record an illicit conversation with hi-tech devices free from any legal entanglement, real life is not quite so easy.

In Michigan it is a felony for any person to record a private conversation, whether or not they are present when it takes place, without the consent of everyone involved. And here the law is quite specific, in that it says “any device” when referring to the recording device. So whether it’s an expensive and sophisticated modern “bug”, or an old cassette recorder and microphone combo, the law still says no.

In fact, even listening to someone else’s phone conversation, whether or not you record any part of it, is considered eavesdropping, and is covered under the law. It is also illegal to help someone to eavesdrop on someone else, or record a private conversation. In other words, helping your friend to set up that recording device in order to catch his cheating wife in the act is actually against the law.

Obviously this doesn’t apply to police officers and other law enforcement officials. However, in order to record a conversation, officers would need a warrant signed by a judge beforehand. Any recorded or “eavesdropped” information that law enforcement officers acquire without a warrant is considered to be illegally acquired, and thus unusable in court.

The one area where there is a little leeway is when someone wants to secretly record a conversation that they are having with someone else. Something that they know they could never get the person to repeat in public, or that they know would later be denied.

Because Michigan law defines the term ‘eavesdrop’ as “to overhear, record, amplify or transmit any part of the private discourse of others”, the court has determined that a person can record a conversation they are having themselves, even without the permission of the other participants.

What they are not allowed to do, however, is have someone else do it for them. And that means you may not hire a detective to record a conversation that you have with someone else, unless you have the permission of all parties involved. If you want it recorded, you have to do it yourself. Violating the law is no joke either. Eavesdropping on someone here in Michigan will earn you two years in prison and a fine of up to $2,000.

So back to those good old story book detectives…. not going to happen, folks. In real life, here in Michigan, hiring a detective to find out whether or not your husband is in fact sneaking into hotel rooms with his secretary will have to be proved with photographs. No sound recordings allowed.

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