In the age of cell phones and the Internet, society has taken communications to areas that were never thought to have been possible. With the advancements of technology, there have also been pitfalls in the field of criminal procedure, and one such zone of danger for the criminal defendant is the recorded conversation.
At first glance, we see the Michigan Eavesdropping Law is encompassed in Michigan Compiled Laws (MCL) which indicates that a defendant can face a 2-year felony and up a $2,000 fine if a recording is made without the consent of all parties. On its face, it would appear that Michigan is an “All Parties” consent statute, but there is often much ambiguity on the subject. To have more understanding on the topic, we asked criminal lawyers in our state to provide further insight into the law.
Scott Grabel is the founder of Grabel and Associates and has earned a reputation for having what most feel is the most successful criminal law firm in the state of Michigan with a strong presence in the federal court system. When asked about the Michigan Eavesdropping Law, Grabel stated, “There is one critical exception to our statute that can lead to issues for the criminal defendant. If we turn to the “Sullivan v. Gray” case, we learn that if an individual is a party to the conversation they can record the communication (Sullivan v. Gray, 117 Mich. App. 476, 324 N.W.2d 58, 59 – 61 (1982). In this respect, we see that the Michigan law displays similarities to its companion federal statute.”