skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 136616 Find in a Library
Title: Wrong Number: Disconnecting the Cordless Telephone From the Right to Privacy
Journal: Criminal Justice Journal  Volume:13  Issue:1  Dated:(Winter 1991)  Pages:101-114
Author(s): L S Robinson
Date Published: 1991
Page Count: 14
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: In 1990, the U.S. Supreme Court denied certiorari in the case of Tyler v. Berodt in which conversations of a criminal nature, conducted over a cordless telephone, were surreptitiously recorded by a neighbor using another cordless telephone. The suit in which this decision was made alleged violations of the fourth and fourteenth amendments, Federal wiretap laws, and the Communications Act.
Abstract: To date, the courts have been consistent in holding that cordless telephone conversations lie outside the protection of the fourteenth amendment and its exclusionary rule; therefore, unauthorized recordings of such conversations can indiscriminately be admitted as evidence in trial proceedings. In addition, the interception of cordless telephone communications do not fall under the purview of Title III of the Omnibus Crime Control and Safe Streets Act which protects wire communications and oral communications against warrantless electronic surveillance. This article reviews the congressional and judicial history of Title III and the fourth amendment as they relate to electronic surveillance. The author discusses recent limitations placed on Title III's definitions and how this affects the rights of cordless telephone users. The article examines different perspectives on what constitutes a reasonable expectation of privacy and recommends solutions for promoting consistency in applying constitutional protection to telephone communications. 56 notes
Main Term(s): Electronic surveillance; Telephone communications
Index Term(s): Omnibus Crime Control and Safe Streets Act; Right of privacy; Rules of evidence; US Supreme Court decisions
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=136616

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.