Legalities of an incoming call recorded by an app installed on my phone because of false accusations/family court matter.
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.
1 attorney answer
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)).)"
Please be advised this response is being provided for informational purposes only. It is not meant or intended to be relied upon as legal advice.
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