[net.ham-radio] cordless phones & KS Supreme Court

parnass@ihuxf.UUCP (Bob Parnass, AJ9S) (04/04/84)

Lauren Weinstein posted this interesting item on the Arpanet:
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 Date: Saturday, 24 Mar 1984 20:03-PST
 Subject: Cordless Telephone Conversations and the Law
 From: lauren@Rand-Unix (Lauren_Weinstein)
 
 a239 1443 24 Mar 84 AM-Phone Evidence,390 State Court Says Cordless
 Phone Conversations Not Private By BILL VOGRIN Associated Press Writer
     TOPEKA, Kan. (AP) - Police can lawfully monitor and record
 cordless telephone conversations heard over an ordinary FM radio and
 use the recordings as evidence in court, the Kansas Supreme Court
 ruled Saturday.
     In overturning a Reno County District Court judge, the high court 
 decided that cordless telephone conversations are the equivalent of 
 oral communications and not subject to wiretap laws.
     Attorney General Robert Stephan hailed the ruling as ''a great 
 decision for victims and for law enforcement.''
     ''The Supreme Court has obviously plowed new ground and, in my 
 opinion, they plowed the furrows straight and true,'' Stephan added.
     The state Supreme Court sent the case - involving charges of 
 possession of cocaine and conspiracy to sell marijuana against Timothy
 and Rosemarie Howard of Hutchinson - back to court for a new trial.
     Justice David Prager, in writing the decision for the court, said,
 ''Owners of a cordless telephone located in a private residence who 
 had been fully advised by the owner's manual as to the nature of the 
 equipment, which involves the transmission and reception of FM radio 
 waves, had no reasonable expectation of privacy.''
     In other words, the Howards had no valid expectation of privacy
 when they decided to use a cordless telephone which was advertised as 
 having a range of 50 feet and is basically a radio unit.
     Prosecutors alleged the Howards used their cordless telephone for 
 drug dealing.
     The conversations, which Judge William F. Lyle ruled were 
 inadmissible as evidence, were recorded in 1982 after a neighbor of 
 the Howards picked them up while he was randomly tuning a standard 
 AM-FM radio.
     The neighbor told police about the conversations and the Kansas 
 Bureau of Investigation provided a tape recorder and tapes and asked 
 the neighbor to record more communications.
     A similar case is pending in Rhode Island, but is not expected to
 be resolved until later this year.
     During oral arguments before the court last month, Herbert R. Hess
 Jr., attorney for the Howards, urged the court not to set an 
 ''illogical precedent'' by allowing the use of the recorded 
 conversations.
     He contended that what occurs in the privacy of the home is 
 protected constitutionally and statutorily and said a 1968 federal law
 governing wiretaps applies in this case.
 
 ap-ny-03-24 1742EDT
 
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Bob Parnass,  AT&T Bell Laboratories - ihnp4!ihuxf!parnass - (312)979-5760