Why does 2 party consent not apply to federal investigation where an informant was instructed to record calls and conversation?

Asked over 1 year ago - Vista, CA

when you live in a state that requires 2 party consent, the government is allowed to record conversations without a warrant because the federal laws only require 1 party consent? what is the point of the state law if the government doesnt have to follow it? the feds werent even present during most recording and the informant was doing so at his own discretion. he only turned in the recording he wanted the feds to hear and nothing that showed the truth of the matter. everything was extremely 1 sided due to this method of recording. is it common for the federal government to trample on state laws during an investigation?

Attorney answers (1)

  1. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . Federal law usually trumps State law. The Feds also are not bound by State law.
    It sounds like your issue may be related to a criminal matter. If so, you should not be posting anything in a public forum. Talk to an attorney or the public defender. Do not discuss your matter online.

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