Feb 122014
 
 February 12, 2014  Posted by  Court, Surveillance, U.S.

Eugene Volokh writes:

In most states, you are generally free to secretly record conversations to which you are a party. Federal law likewise doesn’t ban such recordings. But in 11 states, including Washington, such recordings are illegal — and often inadmissible in court, even when they are extremely relevant. This is an exclusionary rule, but one that’s not limited to unconstitutionally obtained evidence.

Read more on WaPo Volokh Conspiracy, where Eugene discusses a case where a child molester’s conviction was overturned because his confession was recorded surreptitiously by a family member and introduced in court.

  One Response to “The dark side of privacy”

  1. Have these Volokh folks ever seen a privacy right they didn’t hate?

    Is it their belief that nobody should be able to have any privacy if taking it away from everyone would help convict one criminal?

    GET A WARRANT if you want to record a suspect’s conversations!

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