Legal Opinion

Opinion No. (1999)

California Attorney General Reports

Decided July 30, 1999Published

1Opinion of the Court

BILL LOCKYER Attorney General ANTHONY M. SUMMERS Deputy Attorney General

THE HONORABLE GARY LIEBERSTEIN, DISTRICT ATTORNEY OF NAPA COUNTY, has requested an opinion on the following questions:

1. May a person initiate and tape record a telephone call in an attempt to gain evidence of child molestation alleged to have been committed by the person called?

2. If so, would such evidence be admissible in a subsequent civil or criminal proceeding?

CONCLUSIONS

1. A person may initiate and tape record a telephone call in an attempt to gain evidence of child molestation alleged to have been committed by the…

2Cases cited14 opinions

  1. United States v. JanisSupreme Court of the United States · 1976
  2. Ribas v. ClarkCalifornia Supreme Court · 1985
  3. Emslie v. State BarCalifornia Supreme Court · 1974
  4. Frio v. Superior CourtCalifornia Court of Appeal · 1988
  5. People v. OttoCalifornia Supreme Court · 1992

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