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Mom's eavesdropping violated Privacy Act, Supreme Court rules
Seattle Post-Intelligencer ^ | December 9 | Associated Press

Posted on 12/09/2004 11:41:15 AM PST by MissouriConservative

SEATTLE -- The state Supreme Court has ruled that the Privacy Act prohibits a parent from eavesdropping on a child's phone conversations.

The case came to the Supreme Court because of a purse-snatching in Friday Harbor. A 17-year-old boy was convicted of second-degree robbery, based in part on testimony from his girlfriend's mom, who overhead him discussing the crime on the phone with her daughter.

The daughter had taken a cordless phone into her bedroom and closed the door. In another room, the mom pressed the "speakerphone" button on the base of the phone, listened to the conversation and took notes.

The court ruled that the daughter and her boyfriend had a reasonable expectation of privacy on the phone. Washington state law prohibits intercepting or recording conversations without consent from all participants.

"The Washington privacy statute puts a high value on the privacy of communications," Justice Tom Chambers wrote in the unanimous opinion.

The daughter's boyfriend will get a new trial.

The case is State of Washington v. Oliver C. Christensen, No. 74839-0.


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; US: Washington
KEYWORDS: badjudges; constitutionality; eavesdropping; judges; moronjudges; parents; privacy; stockpilesong
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1 posted on 12/09/2004 11:41:15 AM PST by MissouriConservative
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To: MissouriConservative

What garbage.


2 posted on 12/09/2004 11:43:37 AM PST by TheBigB (I sure could go for a charbroiled hamburger sammich and some french fried potatoes!)
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To: MissouriConservative

Good grief! Are these minors--and who owns that phone, after all?


3 posted on 12/09/2004 11:43:56 AM PST by Mamzelle
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To: MissouriConservative
So, Mom is guilty of an illegal wiretap of her own telephone!?

If the "village" can't persuade you that it's best suited to raise your child, it will incrementally usurp your authority to do so anyway.

4 posted on 12/09/2004 11:43:56 AM PST by TChris (You keep using that word. I don't think it means what yHello, I'm a TAGLINE vir)
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To: MissouriConservative

Oh that would have reeeeeely gone over with my Mother...
after she practiced bouncing my Irish head off the walls for about an hour, then she'd want to know if I wanted to use the phone? ROFLMAO

uhhh, no thanks Ma... LOL


5 posted on 12/09/2004 11:44:03 AM PST by kellynla (U.S.M.C. 1st Battalion,5th Marine Regiment, 1st Marine Div. Viet Nam 69&70 Semper Fi)
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To: MissouriConservative

In my house, on my phone, my kids don't have any expectation of privacy at least until they're 18. This is the most riduculous ruling I have ever heard. I suppose, though, that the court might have been just accurately intpreting a stupid law.


6 posted on 12/09/2004 11:45:06 AM PST by T.Smith
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To: Mamzelle

And considering that an illegal act was being discussed.....this "private" conversation could have implicated the mother as well as her daughter.

This ruling is going way too far....the girl is a minor, the phone is owned and paid for by the mother....I just don't get this ruling at all.


7 posted on 12/09/2004 11:45:38 AM PST by MissouriConservative (A government which robs Peter to pay Paul can always depend on the support of Paul)
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To: MissouriConservative
Utter baloney. Clinton Appointee judge maybe?

That phone line is MINE. Not my childs. Anything they say or do with said phone line is not only my property, but my responsibility.

Y'all STILL think we can work within to save this system?

8 posted on 12/09/2004 11:46:18 AM PST by Dead Corpse (Cum catapultae proscriptae erunt tum soli proscript catapultas habebunt.)
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To: MissouriConservative

She can't listen to her own phone in her own house?


9 posted on 12/09/2004 11:47:04 AM PST by wideawake (God bless our brave soldiers and their Commander in Chief)
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To: MissouriConservative

But the daughter was under 18 and lived at home. The court would also hold the mother responsible for many things involving the child. I wouldn't think a Privacy Act would apply to your own child in your own home. Of course I haven't read the law, but I doubt that was its intent.


10 posted on 12/09/2004 11:48:08 AM PST by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: MissouriConservative
If the government had tapped the phone, it probably would have been admissible, but not the parent of a minor.
11 posted on 12/09/2004 11:48:10 AM PST by fredhead ("It is a good thing war is so terrible, or we should grow too fond of it." General Robert E. Lee)
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To: MissouriConservative
Previous court rulings (United States v. Smith, 978 F.2d 171 (1992) ) have said that there is no expectation of privacy with respect to a cordless phone conversation.
12 posted on 12/09/2004 11:48:56 AM PST by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: MissouriConservative

No way!!!!!


13 posted on 12/09/2004 11:49:00 AM PST by BenLurkin (Big government is still a big problem.)
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To: wideawake

I guess not. I guess minor children now have certain "rights." I guess we can add this one to the list that includes getting an abortion without parental consent.


14 posted on 12/09/2004 11:49:00 AM PST by MissouriConservative (A government which robs Peter to pay Paul can always depend on the support of Paul)
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To: MissouriConservative

Is it against the law to force your 10 year old to go to church?


15 posted on 12/09/2004 11:52:57 AM PST by Bertha Fanation
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To: FreedomCalls

Very interesting reading. Thank you.


16 posted on 12/09/2004 11:54:13 AM PST by MissouriConservative (A government which robs Peter to pay Paul can always depend on the support of Paul)
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To: MissouriConservative

All I could think was "This has got to be a joke..." How sad that it isn't.


17 posted on 12/09/2004 11:55:07 AM PST by GOPrincess
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To: Bertha Fanation

Sadly, it's coming sooner than any of us may realize.


18 posted on 12/09/2004 11:55:55 AM PST by OB1kNOb (When (not if) Christianity is outlawed, will they have enough evidence to convict you?)
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To: GOPrincess

Unfortunately it is a "joke" of a ruling....but unfortunately these nuts are serious.....seriously dumb that is.


19 posted on 12/09/2004 11:59:10 AM PST by MissouriConservative (A government which robs Peter to pay Paul can always depend on the support of Paul)
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To: MissouriConservative

Holy Smokes is this what we are paying the SC for? To give unfathomable power to a 17 year old PUNK!

This is crap and it will get overtur.. well maybe not but this is crap. The punk did the crime now he is trying to get out on technicalities. This is crap!

He as a an up and coming CRIMINAL should know you cant trust your women with these details of petty theft, robbery, armed robbery, accidental shooting robbery, drug deal gone bad, straight up murder info.. You just cant trust them cackling chicks.

as for talking on the phone with this info..you are stupid PUNK! and you get what you deserve PUNK.


20 posted on 12/09/2004 11:59:53 AM PST by BookaT (My Cat's Breath smells like Cat Food!)
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