West Virginia Department of Health & Human Resources Ex Rel. Wright v. David L.

*665CLECKLEY, Justice:

This case involves two certified questions relating to the Wiretapping and Electronic Surveillance Act, W.Va.Code, 62-1D-1, et seq., and its federal counterpart in Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. § 2510, et seq. The certified questions involve whether a husband, who no longer lives with his wife, but who suspects his wife of abusing their children, may use a third person with access to the wife’s house to place a voice-activated tape recorder in the wife’s house to record conversations between his wife and their children. We…