privacy california
Dual Consent Laws of California Relating To Residents Of Other State&#39;s
<p>CA Penal Code 632 sets forth that all parties must be notified that a conversation is to be recorded. </p>

<p>I have a person whom I'd like to assist in a proceeding, possibly, given the situation is correct.</p>

<p>I live in a different state, Texas, which is not a dual consent state. </p>

<p>Am I correct in thinking that I can record a phone call with a California resident, while I'm located in Texas? The product of which would eventually be used in a California court if all goes well. </p>

<p>EDIT for better context:</p>

<p>1 - The phone call would be made from Texas, by a Texas resident; </p>

<p>2 - The phone call would be made to the wife of a family member (who both live and are married in California);</p>

<p>3 - The recording would be given to the husband's attorney, who would then try the divorce/custody case in the State of California with the recording as evidence (if admissible, granted I'm not stepping on any laws)</p>

<p>I'm not concerned that I'd get in trouble as a Texas resident. I'm concerned about admissibility in California Family Courts.</p>

<p>No.</p>

<p>If you are in Texas and they are in California then you must comply with both state’s laws.  The collection is illegal under California law and illegally collected evidence is inadmissible.</p>
