{"id":30914,"date":"2017-12-25T00:01:18","date_gmt":"2017-12-25T05:01:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30914"},"modified":"2017-12-24T13:35:48","modified_gmt":"2017-12-24T18:35:48","slug":"md-third-person-added-to-a-jail-call-after-the-warning-of-recording-didnt-violate-state-wiretap-law","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=30914","title":{"rendered":"MD: Third person added to a jail call after the warning of recording didn&#8217;t violate state wiretap law"},"content":{"rendered":"<p>Adding a third person to a jail call after the initial recording was played saying that calls were recorded was not a wilful interception of that person\u2019s call under the state wiretap act. The only other state to deal with that question is Massachusetts which twice held that the state wiretap law wasn\u2019t implicated by third party calls. <a href=\"http:\/\/www.mdcourts.gov\/opinions\/cosa\/2017\/0871s16.pdf\">Boston v. State<\/a>, 2017 Md. App. LEXIS 1268 (Dec. 20, 2017).<\/p>\n<p>The search of defendant\u2019s cell phone led to 404(b) evidence of another drug transaction an hour before the one he was arrested for. It was not unduly prejudicial. Even so, it was harmless at best. <a href=\"http:\/\/www.fifthcircuit.org\/dmzdocs\/OI\/PO\/2017\/C1ADB851-4A6C-4AE5-BAB6-BE86151528EE.pdf\">State v. Brown<\/a>, 2017 La. App. LEXIS 2378 (La.App. 5 Cir. Dec. 20, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Adding a third person to a jail call after the initial recording was played saying that calls were recorded was not a wilful interception of that person\u2019s call under the state wiretap act. The only other state to deal with &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=30914\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,18],"tags":[],"class_list":["post-30914","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30914","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=30914"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30914\/revisions"}],"predecessor-version":[{"id":30915,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30914\/revisions\/30915"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30914"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30914"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30914"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}