CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Marital Privileges
.........Confidential Marital Communications
............Statements Admitted
5 Cards On This Topic:

Marital communication privilege does not apply to surreptitiously-taped jailhouse conversation between D & wife: no justifiable expectation of privacy.

Marital communication privilege does not apply to surreptitiously-taped jailhouse conversation made to obstruct justice (Evid. Code §981) or waived by implied disclosure (Evid. Code §912).

Wife's testimony at prelim to marital communication waived husband's right to claim privilege at trial, even though underlying charge which permitted testimony at prelim dismissed.

Threats against third persons made by one spouse while criminally victimizing other spouse not privileged.

Threats to third parties made by D while criminally victimizing spouse not "confidential communications" protected under marital privilege.