Reasonable Expectation of Privacy at Police Stations

A corollary issue to the blog written below, “Recording Telephone Conversations and Communications in Florida,” about the recording of telephone conversations is a person’s reasonable expectations of privacy in police stations and in the back of police squad cars.

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People being interviewed or detained should be aware there is no right to a reasonable expectaion of privacy in their conversations in either of these locations. Most squad cars these days are equipped with recording devices that record a suspect’s statements while sitting in the back of the squad car. Often times, suspects are deliberately placed in squad cars together without police supervision by officers so a recording can be made of their conversation. A recent appellate court decision held that even when a third-party overhears or records a conversation between a suspect and his wife in a police station, even if they are not suspects or being interviewed, their is no “marital privilege” and the officer can testify about the conversation. Boyd v. State, __ So. 3d __, 34 F.L.W. D1698 (4th DCA8/19/09).