Can a wife record the conversation she has with her husband if he's not aware he's being recorded and if so can that recording be used in a criminal trial against the husband? I know this might fall under privileged communication but I'm not really sure since the wife was aware of the recording. There were no criminal charges pending against the husband at the time the recording was made. This is in PA.
1 Answer from Attorneys
The wife has violated the wiretap act and has committed a 3rd degree felony, The tape may not be used in court. Other than to convict the wife.