CALIFORNIA FAMILY LAW
...Custody and Visitation
......Evidentiary Issues: Selected
.........Eavesdropping Evidence
9 Cards On This Topic:

Illegally obtained eavesdropping evidence not admissible in family law proceeding.

Invasion of Privacy Act prohibits electronic eavesdropping or recording of conversations reasonably believed to be private.

Interspousal wiretapping evidence must be excluded under federal Omnibus Crime Control Act; no implied exceptions for family members wiretapping family phone.

A conversation is confidential if a party to that conversation has an objectively reasonable expectation it is not being overheard or recorded.

No abuse of discretion in decertifying class on issue whether any one class member can satisfy the reasonable expectation of privacy test—individual issues to be assessed predominated, making a class action unmanageable.

Consistent with Flanagan v. Flanagan, PC 647, prohibiting eavesdropping on confidential communication, applies even if the unannounced listener is employed by the same corporate entity as the known participant in the conversation.

Tape recording inadvertently made of conversation by answering phone properly admitted for limited purpose of impeachment.

Use of illegal recording of phone conversation to refresh recollection of participant permissible; recording itself inadmissible.

Family member may intercept another's phone conversations by use of extension phone in family home under federal wiretapping exemption generally covering business extensions.