Smoothquill

Orientation tool, not legal advice. This explains the general framework and points you to the statute — always verify the current law and confirm with counsel before acting.

Field legal reference · worked example

Know the rule before you act.

Below is a worked example for one state — California audio recording — laid out the way every situation needs reading: the plain-English rule, the actual statute, the traps that catch people, and the interstate wrinkle. Consent rules (one-party vs all-party) vary by state, so treat this as a model for the questions to ask and confirm your own state's rule before you act — start from our state-by-state PI guides. It orients you fast; it doesn't decide for you.

Recording consent · California

Audio recording in California

All-party consent
What this means, plainly

California requires everyone in a confidential conversation to consent before it's recorded — not just you. Recording a private call or in-person conversation without all parties' agreement can be a crime and grounds for a civil lawsuit. In practice: get clear consent on the record, or don't record.

Where California sits

It's one of a minority of all-party (often called "two-party") consent states — roughly a dozen, though sources differ on the exact count and a few states split the rule between phone and in-person. The other ~38 states plus D.C. follow one-party consent, where your own participation is enough. California is among the strictest, and notably enforces its rule against out-of-state callers who record Californians.

Read the actual law
Primary statute
Cal. Penal Code § 632 — recording of confidential communications
Federal baseline
18 U.S.C. § 2511 (one-party floor; does not preempt stricter state law)
Traps that catch people
  • "Confidential" hinges on expectation of privacy. A whispered call is protected; a shouted exchange in a public plaza may not be. Location, volume, and subject all matter.
  • Implied consent still has to be real. Announcing "this is being recorded" and the other party continuing can establish consent — but silence you engineered isn't the same thing.
  • Civil exposure outlasts criminal. Even if no prosecutor charges you, the recorded person can sue for damages under state and federal law.
  • You can't plant-and-leave. One-party rules (elsewhere) require you to be present in the conversation — leaving a hidden recorder is eavesdropping anywhere.
The interstate wrinkle (the thorny one)

When a call crosses state lines between a one-party and an all-party state, there is no universal rule on which law wins — courts have variously applied the recorder's state, the recorded party's state, or the storage location. California specifically has applied its law when either party is in California (Kearney v. Salomon Smith Barney, 2006).

▸ Safe default: follow the strictest applicable state's rule — assume all-party consent.

This is orientation, not a legal opinion. Recording law changes, has fact-specific exceptions, and varies by medium (phone vs. in-person). Read the linked statute and confirm with an attorney licensed in the relevant state before you record.

Framework last reviewed: [date] · sources: state statute + Reporters Committee guide