A private party recorded a telephone call with defendant admitting a criminal sex act. Proposition 8 on “Truth in Evidence” adopted by voters in 1982 made the exclusionary rule follow the Fourth Amendment exclusionary rule. The legislature amended it by a supermajority, but none of the amendments dealt with this issue. The court of appeals properly held the private party’s violation of the law wasn’t subject to the exclusionary rule. People v. Guzman, 2019 Cal. LEXIS 8937 (Dec. 5, 2019).
NBC News Bay Area: Secretly Recorded Conversations Admissible in Criminal Cases (“The state ruled prosecutors can use illicit recordings as evidence in a criminal case”)