With recent events surrounding the government's ability to snoop it is not surprising that American's are confused about their privacy rights.
Legal experts say there is enough gray areas and conflicting laws to baffle even the best informed. Two recent events demonstrate this: In December 2005 the NY Times revealed that the National Security Administration was conducting warrantless surveillance of Americans' international phone calls. Second, in May 2006 USA Today reported that several phone carriers had turned over to NSA massive databases of customers' domestic phone records.
Americans' privacy is grounded in the Fourth Amendment and its ban on "unreasonable search and seizure." But subsequent legislation expanded, clarified and made exceptions when it came to telephone conversations. The U.S Supreme Court has since rendered decisions that chip away at an individual's expectation of privacy.
How does this relate to divorce and family law issues? Many states allow one party to a conversation, without the other's knowledge or consent, to record phone conversations. The ability varies from state to state and you should check with your local practitioner to ask whether recordings are legally permitted by your state and admissible as evidence. Thus, it is especially important that you maintain composure and etiquette during phone conversations with your spouse or other litigant.
The bottom line: Bite your tongue.
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Jennifer Jaskolka-Brown, an Iowa attorney located at 6601 Westown Parkway, Suite 200, West Des Moines, Iowa, (515) 247-4705, practices in general civil litigation with an emphasis in Iowa Family Law issues. She provides guidance in family law matters from divorce, paternity, disestablishment of paternity to adoption,and guardianships. She also provides representation in a wide-variety of civil litigation issues.
