I live in a "one party state" and received a phone call from a police officer as part of a police report in his state, CA a "two party state"....I use a recording app due to false allegations from my ex. Which law applies when there is a conflict or does Federal Law "one-party law" supersede? It was an unexpected call in the middle of an exchange of my son with another police department in my state so I did not think to ask his permission at the start of the call. I also didn't think I would need the call because I am in the habit of ordering reports. I'm wondering if I can get this call into a family court hearing bc there was a clerical error when attempting to order the actual police reports but am now out of time to request they try again with the hearing in 3 days. She also secretly recorded one of the exchanges in a parking lot in CA and plans to introduce it out of context minus her threats.
I live in AZ, our child/parenting plan is under AZ jurisdiction, but my ex is now in CA and we perform some of the exchanges there. We have equal parenting time and joint custody, if that matters. I have spent $40k on attorneys and am Pro Se now, any advice appreciated.
This is a very interesting question, and an issue I've dealt with in prior cases. A former client lived in New Jersey - a one-party-consent state - but the case was pending in California. The call was recorded in NJ, so I argued it wasn't illegal as the recording occurred in that state. Since the act of recording did not take place in California, then the California Penal Code shouldn't apply. I just spoke with a criminal defense attorney colleague of mine, and he agreed. He also informed me of a newly published criminal case (link below) in which it was held that: “[e]xcept as provided by statute hereafter enacted by a two-thirds vote of the membership in each house of the Legislature, relevant evidence shall not be excluded in any criminal proceeding.” (Cal. Const., art. I, § 28, subd. (f)(2) (hereafter article I, section 28(f)(2)).)"
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