Communications behind Bars: Are We Finally Applying the Reasonable Expectation of Privacy Test to Custodial Conversations

Authors

Lynn Soodik

Abstract

This note examines the propriety of surreptitious and nonjudicially authorized electronic surveillance of suspects, pretrial detainees, and incarcerated persons during conversations with persons other than interrogating police officers. After discussing the rationale courts have used to deny prisoners protections in their conversations, this note analyzes the California appellate court decision of Robinson v. Superior Court, which held that conversations between spouses are protected by the United States and California Constitutions. Robinson was granted a hearing by the California Supreme Court on June 25, 1980. The author urges that Robinson be upheld, but argues that the decision should be based solely upon the protections afforded by the Fourth Amendment, without reliance on the marital privilege, as was done in the appellate court.

Recommended Citation

Lynn Soodik, Communications behind Bars: Are We Finally Applying the Reasonable Expectation of Privacy Test to Custodial Conversations, 4 UC Law SF Comm. & Ent. L.J. 327 (1981).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol4/iss2/5