Legal Question in Criminal Law in Pennsylvania

Why do i keep getting conflicting information about the 4th Amendment, audiotaping, and wiretapping? "Audio recording is never permitted under the 4th Amendment" even burglary monitoring devices never have sound. Then I've read cases that 'expectation of privacy rules' apply and that pretty much you should have no expectation of privacy once you step outside of your front door. Which is it?


Asked on 9/21/10, 6:56 pm

2 Answers from Attorneys

Cary Hall Law Offices of Cary B. Hall, L.L.C.

Short answer: it depends on the situation, and there usually are as many exceptions as rules. Seriously.

Long answer: There are lots of resources out there to explain why. Search for them and read them. Law review articles, judicial opinions, statutes . . . there's as much out there as you'd ever care to read. As much as lawyers like to hear themselves talk, however, I don't think you're going to hear much talk on this academic subject here for free. Best of luck in your search for an answer.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com

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Answered on 9/26/10, 7:57 pm
John Davidson Law Office of John A. Davidson

Under the wiretap act in Pennsylvania it's illegal to record conversations without permission either from both parties or a court order.

This is a higher level of protection than the federal law gives you. It's even better protection than decisions involving the 4th amendment. Besides the PA constitution may give you more protection than the US Constitution and often does.

{John}

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Answered on 9/27/10, 6:09 am


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