Legal Opinion

Faunce v. Cate

California Court of Appeal

Decided December 17, 2013No. D062130PublishedCited by 16 opinions

1Opinion of the Court

Opinion

McINTYRE, J.

Penal Code section 636 makes it a crime to eavesdrop on a prisoner’s conversation with certain individuals in situations where the prisoner has a reasonable expectation of privacy. (Undesignated statutory references are to the Penal Code.) In this case, we conclude that David W. Faunce, a prisoner appearing in propria persona, failed to allege facts showing he had a reasonable expectation of privacy. Accordingly, we affirm the judgment dismissing his complaint. We also dismiss Faunce’s appeal from an order denying his request for a preliminary injunction.

FACTUAL AND…

2Cases cited15 opinions

  1. Blank v. KirwanCalifornia Supreme Court · 1985
  2. Hill v. National Collegiate Athletic Assn.California Supreme Court · 1994
  3. Davidson v. City of WestminsterCalifornia Supreme Court · 1982
  4. Christensen v. Superior CourtCalifornia Supreme Court · 1991
  5. Wong v. JingCalifornia Court of Appeal · 2010

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3Cited by16 opinions

  1. Persons Coming Under the Juvenile Court Law. San Bernardino Cnty. Children v. B.F. (In re J.F.), California Court of Appeal, 5th District2019
  2. 640 Tenth, LP v. NewsomCalifornia Court of Appeal · 2022
  3. 640 Tenth, LP v. NewsomCalifornia Court of Appeal · 2022
  4. Arges v. LPL Financial CA4/1California Court of Appeal · 2020
  5. Coleman v. Pasadena City CA2/1California Court of Appeal · 2016

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