CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Eavesdropper or Interceptor
6 Cards On This Topic:

The "privilege to prevent" another from disclosing confidential communication effectively repudiates "eavesdropper rule."

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

Former rule: Person who intercepts confidential communication may testify as to its content.

Child, who saw videotape which was inadmissible under marital privilege, deemed eavesdropper and allowed to testify as to what she saw.

Communication between persons in privileged relationship still privileged where communicated by electronic means or delivery, facilitation or storage persons may have access to content.

Waiver by disclosure in presence of another.