Robinson v. Superior Court, 105 CA3d 249 (1980)
Apr 29, 1980OUTCOME: Husband and wife tape recorded conversation, secretly made by the police, was suppressed. All charges were dismissed. Defendants were both set free.
Police secretly tape recorded a conversation between a husband and wife, in an interview room, in a police station, after they had been arrested and were booked into custody, and after the wife had req ... uested to be allowed to speak to her husband alone. The Defendant moved to suppress the tape under PC1538.5. The Motion to Suppress was denied. The Defendant filed a Petition for a Writ of Mandamus to direct the Superior Court to reverse its judgment and to suppress the tape for violating the couple's reasonable expectation of privacy under both the California Constitution and Evidence Code section 917. The Court of Appeal granted the writ.
