Bertha Huff v. Carol Spaw

OPINION

BOGGS, Circuit Judge.

This case requires us to consider whether a person who listens to and subsequently electronically records a conversation from an inadvertent “pocket-dial” call 1 violates Title III of the Omnibus Crime Control and Safe Street Act of 1968, 18 U.S.C. § 2510 et seq. (Title III). James Huff inadvertently placed a pocket-dial call to Carol Spaw while he was on a business trip in Italy. Spaw stayed on the line for 91 minutes and listened to face-to-face conversations that James Huff had with Larry Savage, James’s colleague, and with Bertha Huff, James’s wife. Spaw…