Requests to Perform Illegal Activities – Recording Conversations

I often receive phone calls to perform illegal activities.  In some instances the requester does not know the activity is illegal and in some cases they don’t care.  One of the more common requests is to surreptitiously place a recording device on their home phone.  The purpose of this activity would be to catch the spouse calling their boyfriend/girlfriend.  Recording or monitoring a conversation, to which the person is not a party, is illegal both in Kansas and at the federal level.  Kansas, most other states, and federal law require that at least one person who is a party to the conversation have knowledge of the recording or monitoring.  Thus, an individual could record a conversation by phone or in person, without the other parties knowing, if he/she is a known party to the conversation.  The law is based on a person’s reasonable right to privacy.  When I explain this to the potential clients, they either thank me for my time, or ask if Radio Shack has the equipment to accomplish the task.  I reiterate that the activity is illegal and that I neither conduct illegal activities, nor advise others who wish to do it themselves.  It should be noted that there are a few states that require all parties to a conversation to be aware that the conversation is being recorded.  So, check the laws in your state prior to initiating such activity.  And, when in doubt, check with an attorney.

About Jack Kelley

I am a private investigator with over 40 years experience in security and investigations through employment within the government, corporate and private communities. I have been conducting private investigations in Kansas for over 17 years, providing investigative support to attorneys, corporations and private individuals.
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