finding that "[i]f a person secrets a recorder in a room and thereby records a conversation between two others, an 'acquisition' occurs at the time the recording is made. This acquisition itself might be said to be 'aural' because the contents of the conversation are preserved in a form which permits the later aural disclosure of the contents.”
How later courts described this case
- finding that "[i]f a person secrets a recorder in a room and thereby records a conversation between two others, an 'acquisition' occurs at the time the recording is made. This acquisition itself might be said to be 'aural' because the contents of the conversation are preserved in a form which permits the later aural disclosure of the contents.”
- holding that replaying a previously recorded conversation is not an intercept, because an intercept “require[s] participation by the one charged with an ‘interception’ in the contemporaneous acquisition of the communication through the use of the device.”
- refusing to assume “that the police could be so confident that an immunized search victim would prevaricate before a grand jury that they would be willing to seize evidence of a crime illegally, and thus to forego the possibility of direct prosecution”
- replaying previously recorded conversation is not an intercept because an “intercept” as defined prior to the ECPA, “requirefs] participation by the one charged with an ‘interception’ in the contemporaneous acquisition of the communication through the use of the device”
Written by the judges who cited it.
Distinguished
Distinguished by United States v. Ben Lee Basey, Armando Jose Lopez, and Oscar Quirarte Ponce, Defendants, 816 F.2d 980 (1987)
Because no similar privacy interest is involved here, Turk is inapposite.
The opinion
DYER, Circuit Judge, with whom GEWIN, Circuit Judge,
joins, specially concurring:
Since I agree that, even if Turk has standing to challenge the search and seizure, the introduction of the seized evidence at the perjury trial was not error, I would pretermit deciding the standing issue.