• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Recorder Question

DanM

Regular Member
Joined
Jul 11, 2008
Messages
1,928
Location
West Bloomfield, Michigan, USA
Michigan is a single party consent state. Are you an active participant in this meeting. If so, do you consent?

Then you're good.

+1

In Michigan, if you are a party to a conversation, you may record it yourself without notification of anyone else . . . public convo, private convo, phone convo, doesn't matter. Two things are essential: you are a party to the convo, and you are doing the recording.

My attorney told me this to my face in her office. Consult your own attorney if you wish to validate or have further questions.

I personally never have nor ever will notify anyone I'm recording them if they are talking to me or I'm talking to them. I recommend, after recording a conversation you are party to and you want to use the recording but you have questions about using the recording, bring it to your attorney and consult.
 
Last edited:

smellslikemichigan

Campaign Veteran
Joined
Jun 16, 2008
Messages
2,307
Location
Troy, Michigan, USA
Michigan Supreme court just ruled in favor of Dr. Dre where he secretly recorded(subsequently used in movie) a meeting with police officer Gary Brown after it was agreed no recording would take place. The fact the meeting was with a public official on duty overrode any expectation of privacy.

http://www.connectmidmichigan.com/news/story.aspx?id=594986

i hadn't heard the disposition on that case yet. good news for everyone! 1st amendment, winning!
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
Michigan Supreme court just ruled in favor of Dr. Dre where he secretly recorded(subsequently used in movie) a meeting with police officer Gary Brown after it was agreed no recording would take place. The fact the meeting was with a public official on duty overrode any expectation of privacy.

http://www.connectmidmichigan.com/news/story.aspx?id=594986

This would indicate that recording the meeting would be legal.
 

army74

Regular Member
Joined
Mar 17, 2010
Messages
285
Location
Pontiac, Michigan, USA
Wpd

stainless give me a call i know its monday but what time. I hopefully start moving friday. I left Pontiac in the wind ill be living in Waterford and dealing with Both high schools WMHS and WKHS and the middle school of pierce. This kind of affects me since i do carry at the Parent teacher confrences and have done so in the past. I had to sell my handgun and rifle due to some unforseen circumstances out of my control. So this summer i might looking at gettin something. Found a S&W M&P 357 sig
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
This would indicate that recording the meeting would be legal.
I don't know, if you look at the facts and the reason they allowed the recording is very different then being in a secured area and meeting.
http://coa.courts.mi.gov/documents/SCT/PUBLIC/ORDERS/20110318_S140296_84_140296_2011-03-18_or.pdf

As the Court of Appeals dissenting opinion correctly asserted, under the circumstances presented, “no reasonable juror could conclude that plaintiffs had a reasonable expectation of privacy in the recorded conversation” at issue. The following evidence compels this conclusion:

(1) the general locale of the meeting was the backstage of the Joe Louis arena during the hectic hours preceding a high-profile concert, where over 400 people, including national and local media, had backstage passes;
(2) the concert-promoter defendants were not receptive to the public-official plaintiffs’ requests
and, by all accounts, the parties’ relationship was antagonistic;
(3) the room in which plaintiffs chose to converse served as defendants’ operational headquarters with security personnel connected to defendants controlling the open doors;
(4) there were at least nine identified people in the room, plus unidentified others who were free to come and go from the room, and listen to the conversation, as they pleased;
(5) plaintiffs were aware that there were multiple camera crews in the vicinity, including a crew from MTV and a crew specifically hired by defendants to record backstage matters of interest;
(6) and video evidence shows one person visibly filming in the room where the conversation took
place while plaintiffs were present, thereby establishing that at least one cameraman was openly and obviously filming during the course of what plaintiffs have characterized as a “private conversation.” Given these facts, plaintiffs could not have reasonably expected that their conversation with defendants would “be free from casual or hostile intrusion or surveillance.”

Stone, 463 Mich at 563. To the contrary, the conversation strikes us as one that was uniquely defined by both “casual” and “hostile” “intrusion,” and “surveillance.” Accordingly, although a reasonable expectation of privacy is “generally” a question of fact, id. at 566, no such question reasonably exists in this case.

http://www.courts.michigan.gov/supremecourt/Clerk/01-11/140296/140296-Index.html
 
Last edited:

Gort

Regular Member
Joined
Feb 4, 2010
Messages
104
Location
Newport, Michigan, USA
I was thinking that they might claim that there is a reasonable expectation of privacy in the secure areas.

They might argue that people make confessions, speak in confidence, inform on people, and prepare for cases in these areas.

750.539d Installation, placement, or use of device for observing, recording, transmitting, photographing or eavesdropping in private place.
Sec. 539d.

I don't know if a public law office can have a private office within, if so the following law may apply.

http://www.legislature.mi.gov/(S(u0...g.aspx?page=GetObject&objectname=mcl-750-539d
 

Big Gay Al

Michigan Moderator
Joined
Aug 27, 2006
Messages
1,944
Location
Mason, Michigan, USA
I was thinking that they might claim that there is a reasonable expectation of privacy in the secure areas.

They might argue that people make confessions, speak in confidence, inform on people, and prepare for cases in these areas.
Usually, anyplace that someone makes a confession, is recorded. USUALLY. ;)
 
Top