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    durmich12's Avatar
    durmich12 Posts: 2, Reputation: 1
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    #1

    Mar 14, 2012, 12:27 PM
    Fourth amendment rights violated?
    My family is being recorded in our home by a x-son in law. He is a police officer and says he has every right to record conversations in my home. I do not want him doing this. I have sent him a letter from an attorney asking that this intrusion of privacy stop. I have a sign posted at my residence. He still records every time he is there. What can we do to keep this from happening in the future.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 14, 2012, 12:41 PM
    Your Attorney can't stop this?

    Which State - it matters.

    One solution is to not invite him.

    What is his purpose (if you know)?

    Just for my own edification - the 4th amendment concerns searches and seizures without warrants. How is that connected to tape recording your conversations in your home?
    durmich12's Avatar
    durmich12 Posts: 2, Reputation: 1
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    #3

    Mar 14, 2012, 12:48 PM
    Alabama
    He picks up his son for visitation from a court order of a divorce.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Mar 14, 2012, 12:54 PM
    Here are the States which require that ONE party consent to the recording: Alabama, Alaska, Arizona, Arkansas, Colorado, District Of Columbia. Georgia, Hawaii, Idaho, Illinois, Indiana. Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Ohio, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. You are obviously in one of those States.

    He can record you without your permission. What is his purpose?

    I don't see this as a 4th Amendment problem. I do wonder if it's invasion of privacy or harassment. What does your Attorney say?

    Has the Court addressed him picking the child up elsewhere, supervised?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #5

    Mar 14, 2012, 12:59 PM
    According to Alabama law it's a single party concent state... and all he already expressed his consent. There is nothing you can do about it except be careful what you say around him.

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