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Old 12-09-2004, 03:44 PM   #1
Cory W
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Parent listens to child phone conv / Violation of rights. Interesting.

http://story.news.yahoo.com/news?tmp...ental_snooping

Court: Mom's Eavesdropping Violated Law



SEATTLE - Striking a blow for rebellious teenagers, the Washington Supreme Court ruled Thursday that state law prohibits parents from eavesdropping on a child's phone conversations.



The case reached the high court because of a purse-snatching. A 17-year-old boy was convicted of the robbery, in part on testimony from his girlfriend's mother, who overhead him discussing the crime on the phone with her daughter.



The daughter had taken a cordless phone into her bedroom and closed the door. In another room, her mother pressed the speakerphone button on an extension, listened in and took notes.



The court ruled that the daughter and her boyfriend had a reasonable expectation of privacy on the phone. Washington state law prohibits intercepting or recording conversations without the consent of all participants.



"The Washington privacy statute puts a high value on the privacy of communications," Justice Tom Chambers wrote in the unanimous opinion.



The boyfriend will get a new trial.
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Old 12-09-2004, 03:45 PM   #2
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That is ridiculous.
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Old 12-09-2004, 03:46 PM   #3
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That is ridiculous.
agreed, absolutely ridiculous.
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Old 12-09-2004, 03:48 PM   #4
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fuck that stupid narc of a mother
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Old 12-09-2004, 03:52 PM   #5
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snitches end up in ditches
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Old 12-09-2004, 03:54 PM   #6
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Ok. The boyfriend was 17. How old was the girl?

I have a child. He has no rights until he moves out.
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Old 12-09-2004, 03:58 PM   #7
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Quote:
Originally posted by Raven
Ok. The boyfriend was 17. How old was the girl?

I have a child. He has no rights until he moves out.
Although I tend to agree with you, even moreso considering that the criminal is given rights, there must be a logical reason for the decision.

Not that I would agree, but I would like to hear the other side.

The above post did not offer logic.
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Old 12-09-2004, 04:01 PM   #8
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wtf?? lol

what if the boyfriend commited murder? that mom would be labeled a hero or something for gettin a criminal off the street.

the law sees what the law wants to see.
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Old 12-09-2004, 04:09 PM   #9
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interesting, when I was in high school, I use to talk to this guy and once he was going off on the phone makin xrated comments about my sister and my dad over heard on the other line cause he cannot mind his own business. Well the next day in school, my dad went to the principals office and got him suspended for 3 days, it was so embarrassing.
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Old 12-09-2004, 04:21 PM   #10
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I think a parent has every right to do that. You are responsible for your children, how the hell can you be responsible for your child if you are not allowed to do something like this?

You have to take a very proactive stance in your child's life. They lack the wisdom that is necessary for good judgement, and I think we've all seen the type of lowlife thugs that kids turn out to be when thier parents dont give a fuck about what thier children do.

What if the boyfriend was trying to sell the girl cocaine, or get her to rob a liquor store with him? Doesnt the parent have a right to know? Wouldnt YOU want to know if it was your daughter?
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Old 12-09-2004, 04:38 PM   #11
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Quote:
Originally posted by Babagirls
wtf?? lol

what if the boyfriend commited murder? that mom would be labeled a hero or something for gettin a criminal off the street.

the law sees what the law wants to see.
Idiot.

No. The evidence should be thrown out in court.


It was obtained illegally and therefore shouldnt be used. Same thing if dectectives illegally obtained DNA that can pin a person to murder.

That DNA should not be allowed to be used as evidence. If it is allowed then it allows law enforcement to do things such as randomly start tapping phones getting DNA samples, searching homes, with out warrants. You wouldnt want that shit happening to you
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Old 12-09-2004, 04:50 PM   #12
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The fact that its a parent has little to do with it. That kid still has rights regardless of his age. If you want to listen to your kids phone conversation to keep an eye on them and watch what they're doing, thats fine. But what you hear/observe can't hold up in court. When your kid wants to stay out late on friday night, is that a decision for the courts? NO. It's your decision to make so the fact that you over heard a conversation about your kids plans to go joy riding and smoke weed on friday is still your right to base a judgement on it.
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Old 12-09-2004, 04:52 PM   #13
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Quote:
Originally posted by MrPheer
I think a parent has every right to do that. You are responsible for your children, how the hell can you be responsible for your child if you are not allowed to do something like this?

You have to take a very proactive stance in your child's life. They lack the wisdom that is necessary for good judgement, and I think we've all seen the type of lowlife thugs that kids turn out to be when thier parents dont give a fuck about what thier children do.

What if the boyfriend was trying to sell the girl cocaine, or get her to rob a liquor store with him? Doesnt the parent have a right to know? Wouldnt YOU want to know if it was your daughter?

Maybe be careful about who you let them on the phone with?
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Old 12-09-2004, 04:53 PM   #14
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Two arguments PRO.

Pretty good ones at that.
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Old 12-09-2004, 06:28 PM   #15
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Cory,

The logic of the argument was as follows:

The Privacy Act of Washington state is one of 11 states that have what are called 'all-party consent' rules, which make it illegal to record or intercept conversations via electronic devices.

Court held that the mother's intentional eavesdropping violated the Act. The evidence is therefore inadmissible, because it was obtained illegally.

A new trial was ordered because the (now inadmissible) evidence was originally let in, which was overly prejudicial.
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Old 12-09-2004, 07:20 PM   #16
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The right to privacy isn't a privledge earned at the age of majority like the right to vote, it just is.

The parent could probably rat on the daughter based on guardianship/parental responsibilty and win as people brought up the need to monitor your kids, but the boyfriend had an expectation of privacy between him and his girlfriend and wouldn't have knowingly shared that information with the mother. It doesn't necessarily serve justice for the crime but it does serve the protection of our rights which I'm all for. When you start to shave a little here and a little there, eventually we have a big story about how we all get hosed by the new ways that people can spy on us or use things against us. In the long run, this is a win in my opinion. I'm sure they will nail the kid anyway, just have to do it within the lines.


For those that wanted more parental involvement, well the mother can beat the daughter into testifying about the conversation, not being married my guess is it isn't privledged?
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Old 12-09-2004, 07:41 PM   #17
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my mom busted me many times with pot by over hearing my loud ass on the fone.

thank god she finally gave that up.
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Old 12-09-2004, 07:55 PM   #18
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Originally posted by Irrum
interesting, when I was in high school, I use to talk to this guy and once he was going off on the phone makin xrated comments about my sister and my dad over heard on the other line cause he cannot mind his own business. Well the next day in school, my dad went to the principals office and got him suspended for 3 days, it was so embarrassing.
lol that is quite traumatic, good thing there is celfone already, we can talk anything under the wild sun without anyone intercepting your privacy & conversation
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Old 12-09-2004, 08:09 PM   #19
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I have not done it as of yet but our oldest son is 14 years old now and I feel it will not be long until I have to resort to easedropping lol
All of these little HOOCHIES call our house all of the time and I do not trust them!
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Old 12-09-2004, 08:11 PM   #20
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didn't everyone know? it's against the law to parent your children now?
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Old 12-09-2004, 08:40 PM   #21
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my mom busted me many times with pot by over hearing my loud ass on the fone.

thank god she finally gave that up.
you should be happy that she cared enough about you to do that to begin with.
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Old 12-09-2004, 09:47 PM   #22
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That is fucking retarded. If i have a daughter and i know some snot nosed little thug bastard is talking to her on the phone, you better believe i'll check in on the other line from time to time to see what's going on.

This is the stupidest thing i've ever heard.
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Old 12-09-2004, 09:52 PM   #23
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didn't everyone know? it's against the law to parent your children now?
right i mean you can even spank your kids these days, no wonder the world is in such horrible shape, i mean really lets compare this day and age to twenty or thirty years ago and see how different things were and the crime rates
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Old 12-09-2004, 10:41 PM   #24
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That DNA should not be allowed to be used as evidence. If it is allowed then it allows law enforcement to do things such as randomly start tapping phones getting DNA samples, searching homes, with out warrants. You wouldnt want that shit happening to you
Ever hear of the patriot act?
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Old 12-10-2004, 10:19 AM   #25
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Quote:
Originally posted by faisalp
Cory,

The logic of the argument was as follows:

The Privacy Act of Washington state is one of 11 states that have what are called 'all-party consent' rules, which make it illegal to record or intercept conversations via electronic devices.

Court held that the mother's intentional eavesdropping violated the Act. The evidence is therefore inadmissible, because it was obtained illegally.

A new trial was ordered because the (now inadmissible) evidence was originally let in, which was overly prejudicial.
Makes more sense when put into perspective.
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