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  1. #1
    Join Date
    Apr 2011
    Posts
    2

    Post Police Recorded My Spouse Without Her Consent

    My question involves civil rights in the State of: florida.i was being investigated in a burglary case.an investigator came out to my house to interview me but i wasn't home.but right before he got to my home he started a taperecorder saying he was going to interveiw me.my wife told him that i wasn't home and she didn't know when i'll be back.so instead of him leaving he started asking her questions about our private conversations.he still had the tape recorder going in his pocket without telling my wife that she was being recorded.i was arrested a week later.the recording turned up in my discovery.the state had a copy of it to use as evidence.
    is it legal to record a spouse without her knowing and use it as evidence,and what can i do about it.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Police Recorded My Spouse Without Her Consent

    Although the state of Florida is an "all party" consent state, recording is allowed when persons involved in the communication have no reasonable expectation of privacy. It should always be assumed that contact with law enforcement officers is NOT private.

    Still, you might discuss this with your attorney.

  3. #3
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Police Recorded My Spouse Without Her Consent

    the officer tried to enrage my spouse with accusations stating (was i smoking crack again?). knowing i've never smoked crack a day of my life.you see he knew i was married,but on the affidavit he stated that my wife was my girlfriend.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Police Recorded My Spouse Without Her Consent

    Yes, the police can record a person without their permission or knowledge. There is no expectation of privacy when speaking to law enforcement.

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