Saturday, September 26, 2015

Only One Party Needs to Consent to Telephone Taps in Connecticut.

As long as one party to a conversation gives consent, the Connecticut Constitution does not require police to obtain a warrant before recording phone calls.
 
State v. Skok, 2015 BL 289964, Conn., No. SC 19415, 9/15/15

     The Connecticut Supreme Court indicated that all federal courts and an "overwhelming majority" of state courts follow the one-party-consent exception to the warrant requirement. The reasoning of these courts is that a person using a phone to further criminal activity does not have control over who the other person shares the conversation with, or allows to listen in.

     The court here also indicated that the defendant's claim of reasonable expectation of privacy was undermined because she repeatedly reminded the other party to make sure that family members would not overhear the conversations.

http://www2.bloomberglaw.com/public/desktop/document/State_v_Skok_No_SC_19415_2015_BL_289964_Conn_Sept_15_2015_Court_O

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