5 replies to this topic

[Nannyof9]

Is it legal in Maryland to record someone without their consent and can it be used in court?

[Tax_Counsel]

Is it legal in Maryland to record someone without their consent and can it be used in court?

Maryland is state that in most circumstances requires all parties to a private conversation to consent to the recording. There are, of course, exceptions to the state wiretapping law, primarily for law enforcement recording a conversation under a warrant issued by a court. Violations of the wiretapping statutes are felony offenses. In general, a recording that is illegally obtained is not admissible as evidence in court, but the details of the recording and how it would be used in the hearing or trial are important to that determination.

[LegalwriterOne]

Maryland requires that all parties consent to the recording. Absent consent, it is a felony carrying a maximum sentence of 5 years in prison and a $10,000 fine. (Md. Code Ann., Courts and Judicial Proceedings § 10-402)

[FindLaw_AHK]

Maryland and 11 other states require both parties to be aware of and consent to the recording. Under the Maryland Wiretapping and Electronic Surveillance Act, it also is illegal to disclose the content of a phone conversation if you know that information was obtained through illegal interception of the conversation.

[pg1067]

Depends on whom you're recording and how. The prior responses address "wiretapping" and other types of electronic communications, but those laws may not apply if, for example, you're recording an in-person communication.

[Tax_Counsel]

Depends on whom you're recording and how. The prior responses address "wiretapping" and other types of electronic communications, but those laws may not apply if, for example, you're recording an in-person communication.

Maryland law also makes it a crime to tape in person private conversations without the consent of all parties involved in the conversation. That is expressly addressed in the wiretap statute.