A fellow police officer recorded our conversation without my knowing & used it against me to open investigation?
Wouldn't I have a Reasonable Expectation of Privacy during the conversation?
1 attorney answer
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.