Inmate placing telephone call from correctional facility impliedly consents to recording of conversation
EVIDENCE United States v. Faulkner, No. 05-3061, ___ F.3d ___ (10th Cir. Mar. 6, 2006)(Kansas). Appeal of conviction for conspiracy to commit murder to prevent victim from testifying in federal kidnapping trial in violation of 18 U.S.C. ยงยง 371, 1512(a). HELD: Prisoner placing call from correctional facility telephone with knowledge that call is subject to recording impliedly consents to recording of conversation. Accordingly, consent exception to Wiretap Act applies and recorded conversation is not excludable evidence. Read the opinion here. |
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