I am a police officer and was having a private conversation with a fellow officer. Without my knowledge or consent, the fellow officer was recording the conversation. I was later contacted by my supervisor and informed that I am now under internal investigation for what was said on the recording. Were my rights violated?
Wouldn't I have a Reasonable Expectation of Privacy during the conversation?
It depends. The problem with these audio recording cases is they turn on very specific facts. The Court needs to know, where EXACTLY the conversation took place, what exactly was captured on the audio, who heard it, and all the other circumstances before determining whether a violation took place.
How was it recorded? There is an exception for law enforcement while they are conducting investigations, but again, that depends on specific facts.
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