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Germany is a two-party consent jurisdiction—telephone recording without the consent of the two or, when applicable, more, parties is a criminal offence according to § 201 of the German Criminal Code [9] —violation of the confidentiality of the spoken word. Telephone tapping by authorities has to be approved by a judge.
Laws differ in the United States on how many parties must give their consent before a conversation may be recorded. In 38 states and the District of Columbia, conversations may be recorded if the person is party to the conversation, or if at least one of the people who are party to the conversation have given a third party consent to record the ...
Smith v. Maryland, 442 U.S. 735 (1979), was a Supreme Court case holding that the installation and use of a pen register by the police to obtain information on a suspect's telephone calls was not a "search" within the meaning of the Fourth Amendment to the United States Constitution, and hence no search warrant was required.
[6] [2] Other examples include: pen registers that record the numbers dialed from particular telephones; [7] conversations with others, though there could be a Sixth Amendment violation if the police send an individual to question a defendant who has already been formally charged; [8] a person's physical characteristics, such as voice or ...
Daleiden and Merritt were charged with 14 counts each of violating Section 632(a) of California's penal code, which prohibits secretly recording conversations. The punishment per charge is a fine ...
Within one party consent states, only one party must approve the recording, whereas in all party consent states all parties must consent to the recording. In many states, the consent requirements listed below only apply to situations where the parties have a reasonable expectation of privacy, such as private property, and do not apply in public ...
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United States v. White, 401 U.S. 745 (1971), was a United States Supreme Court decision which held that recording conversations using concealed radio transmitters worn by informants does not violate the Fourth Amendment protection against unreasonable searches and seizures, and thus does not require a warrant.