Legal Question in Civil Litigation in California
Recording audio in a dorm room
I have strong reason to suspect that my roommate is searching through my possessions. Would a dorm room where conversations can often be overheard by individuals outside be a place of ''confidential communication'' as defined by Section 632C of the penal code?
3 Answers from Attorneys
Re: Recording audio in a dorm room
I recently handled a similar case and the court was leaning towards confidential communication when it settled. Nobody can answer this question regarding your specific facts, with any degree of certainty, without doing some research. I can do the research and write a legal opinion regarding your exposure.
Re: Recording audio in a dorm room
I would try the ol' Victor-rat-trap-in-the-sock-drawer trick.
Re: Recording audio in a dorm room
Penal Code section 632(c) defines "confidential communication", not "place of confidential communication". What matters is whether a reasonable person would believe a particular communication would be confidential in light of all the surrounding circumstances, not just the location.
Arguing that a person having a normal conversation in his own dorm room does not have a reasonable expectation of privacy is not likely to get you very far, regardless of whether somebody outside might be able to overhear.
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