Attorney General Opinion No.

Steven A. Kraushaar Marshall County Attorney Marshall County Courthouse 1201 Broadway Marysville, Kansas 66508-1844

Dear Mr. Kraushaar:

As county attorney you inquire whether the sheriff's department can tape record incoming telephone calls from members of the public without running afoul of K.S.A. 21-4001 (eavesdropping) and K.S.A. 21-4002 (breach of privacy). Evidently, persons who call the sheriff's department are unaware that all telephone calls are tape recorded.

K.S.A. 21-4001(1)(c) provides in relevant part as follows:

"(1) Eavesdropping is knowingly and without lawful authority:. . . .

"(c)…