One mother’s disturbing discovery has led a California appellate court to distinguish the rules on when secret recordings are permissible. Although California is one of the few “all-party consent” states, meaning everyone who is audio recorded must consent to being recorded, there are a few exceptions to that rule.
One of the main exceptions to the “all-party consent” rule allows a person to obtain evidence of a violent felony, extortion, bribery, or kidnapping via a secret recording. However, at issue in the In Re: Trever P. case isn’t whether a person involved in the conversation can make a secret recording, but rather, whether a parent can consent on behalf of their child and make a secret recording of the child and a babysitter.