Legal Question in Criminal Law in Iowa

I recently found a "pen" in my son's diaper bag; after further examining it, I realized it was not a pen at all, but a recording device.

My son's mother admitted that she had been recording my family and i ever since my son started having visitation at my house. She then threatened to give some of the recordings to my other son's mother with hopes that I would not be allowed to see him anymore, and also stated that she would give the recordings to whomever she felt "necessary."

I called the police; they took my statement, gathered the evidence, got the search warrant, and obtained her computer.

My son's mother, grandmother, and step-grandfather were the ones doing the recordings.

Under Iowa Code 727.8 forbids electronical and mechanical eavesdropping.

I later contacted authorities to see if anyone had yet been charged. They said no, and then stated that the district attorney didn't want to "deal" with a child custody dispute.

I'm sorry, but I, nor my family, are looking at this as a child custody dispute. This crime was committed in a different state than our custody agreement is even set place in.

We, my family, and I, are looking at this more of an Invasion of Privacy.

They had no right to record us in our own home. There was no signs of abuse, neglect, or any indication that would make them even think of doing this; and if there was, they could've taken a more legal route, like calling the department of human services.

Is there anything that we can do? How can the police seize the evidence, and then make no arrest? Can a district attorney have that call?

Please help us. We are very frustrated, and hurt over this; and cannot believe that our system would allow this to happen.

1 Answer from Attorneys

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