Audio recorder in pocket earns man wiretapping charges

Got a digital voice recorder like one of these? Watch out how you use it or you could land yourself in scorching legal trouble. One man recently found that out the hard way, after he was arrested and discovered to be recording the goings-on with just such a device in his pocket. Not only is he now facing charges for disorderly conduct, resisting arrest, and trespassing, he's also charged with unlawful wiretapping and possessing a device for wiretapping.

The story goes that one Chi Quang Truong was embroiled in a dispute with a Massachusetts auto service center, which didn't repair his car as quickly as Truong wanted. Truong got into a verbal scuffle with the service shop and the police were called. Apparently Truong was recording all of this -- for reasons unknown -- using a device stowed in his pocket, and cops added the wiretapping charges to his rap sheet during his arrest.

But wait a second: Don't you need a wire to get charged with wiretapping? I thought so too, and the theory here is that since Truong didn't have explicit permission to record the conversation (memories of Linda Tripp), he was slapped with the additional charges. In 12 states (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington) you're required to get the permission of all parties on the line before making any kind of recording. In the rest of the country, any single member that's part of the conversation can legally record it without consent from the other parties. And as Network World notes, wiretapping laws largely extend to in-person communications now, so no wire is required.

Still, does the punishment really fit the crime? Wiretapping is a class D felony, and that can mean (based on my admittedly limited understanding of criminal statutes) up to 12 years in prison. While Truong is unlikely to face anything that severe (and, in all probability, will have the wiretapping charges dropped as his prosecution progresses), he probably shouldn't be facing charges for any of this. And "possession of a wiretapping device"? Yikes. Even my iPhone has a voice recorder feature built in. I'm in possession of such a device any time I step out in public.

Check your own pockets, briefcase, purse, or backpack: You might be a criminal!

In Michigan the only requirement for recording a conversation, between two people (may not be applicable between a person and a business) is that the one doing the recording has to be actively involved in the conversation. If the one doing the recording isn't in the conversation, ie. taping all phone calls regardless of who is actually involved in the conversation, then the person recording can get in trouble.

I don't live in any of those states that require consent of both parties, but just for fun I have done my share of "wiretapping" when I hear ridiculous conversations when I am in a confined area like a restaraunt or bus. I am unclear why exactly the guy was recording the conversation but I think a wiretapping charge is a little extreme. I mean, sure he was "wiretapping" i guess, but a slap on the wrist would suffice.

I have and do record a lot of my phone conversations, well with my ex wife any way I record them all but that's for self preservation. Here in NY the only requirement is that only one person in the conversation need to know its being recorded. Or so my lawyer has told me and in the past he has brought my recordings into court and I never got into trouble for it.

Maybe he thought by recording the arrest he would find something later to use in court. But not smart enough to know everything on his person would be found and taken away.

Ever notice how in the old movies, a guy still has his watch, change and cigarettes still with him in lockup?

Haha Gary its funny how they forget certain details in the movies. It escapes me what movie its from, but a guy was smoking a cigar and it was just to the point where he could barely hold it and with the next camera shift he had 3 extra inches of cigar.

I have an on-topic thought actually, are the police allowed to press any buttons or search through your phone without a warrant?

What about your laptop after your'e dead, who has the right to look what one might have on it?