President Donald Trump’s influential MAGA ally Mike Davis is facing new scrutiny after allegedly threatening to stop a Justice Department official during negotiations over a major tech merger, according to a Wall Street Journal investigation. Gail Slater, then head of the DOJ’s antitrust division, w...
What happens if a person in two party consent state calls someone in a one party or vice versa? Which state law applies?
The one-party state law applies to the person in the one-party state.
The two-party state might bitch and moan and claim otherwise, but guess what? It doesn’t have jurisdiction!
In theory, couldn’t they still issue a warrant and try have you extradited?
In theory. But most states don’t send people elsewhere for bullshit like that. Usually just for things like violent felonies. They don’t want to be seen as possibly protecting a murderer by keeping them from justice.
We live in legally wacky time though, I’d probably err on the side of caution and announce the recording: It’d still have a deterrent effect and help prevent any legal fuckery.
The two-party consent state laws vary on this. So if you care, you would need to handle both ends of the call giving consent to be sure. This is why companies tell you they are recording even if they’re located in a one-party state, especially if they have a physical presence in that State.
So assuming there’s not an exception… for example, in Michigan there is an exception if you are a participant in a phone call. You just cannot give a third-party permission to record without the other person’s consent. So it’s really a one-party consent state for most things you would care about.
But again… even if we ignore the whole primary purpose here of recording threats… if you live in a one-party state like Arizona, do you really care about Florida if you never go there? And that even assumes Florida cares enough to pursue it in the first place.
Sounds like there’s a non-zero chance of extradition then, and would they care? Depends on the circumstances I guess. It still seems like announcing that the call is being recorded would have a good deterrent effect though.