Legal Question in Civil Litigation in California

My son and his wife lived with us for 7 months while he was between jobs. Theirs was a troubled marriage of only 2 years. She moved to her parents home 6 months ago and filed for divorce. We recently discovered, finding them backed up on my server, that for 3-4 weeks prior to leaving, she'd been recording conversations in our home, some of just her and our son in their bedroom and others between our son and either my husband or myself. She was either part of, present or nearby for each conversation, so we weren't hiding anything, but did not give permission to be recorded in our own home. She has subsequently recorded phone calls she's made to my husband and myself. We spoke with our local police who said, basically, our home is public. Do we have a reasonable expectation of privacy?

Asked on 11/11/10, 10:22 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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That your daughter-in-law was part of or could hear the original conversations only means she wasn't eavesdropping. It doesn't mean she had the right to record them.

Recording a phone conversation without the knowledge of all parties is a crime, except in very unusual circumstances. The parties who did not consent are entitled to penalties from the person who made the recording.

Recording face-to-face conversations without the knowledge of all parties is also illegal under many circumstances. There are more exceptions for such recordings than there are for recordings of phone calls.

One more point: if your daughter-in-law thinks the recordings will help her in court she is mistaken. Such recordings are inadmissible with one exception -- they can be used against the person who made them when she is prosecuted.

Feel free to contact me if you would like to discuss your options.

Answered on 11/17/10, 11:52 am

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