Legal Question in Civil Rights Law in Texas

Phone taping in custody of police, not informed

A friend of mine has been in custody awaiting hearing/bond. We were told by a friend that the phones in the jail were taped. We discussed it with his lawyer who told us they would not tape them without informing because of wire tap laws. My friend asked the jailer in front of me who told him they were not taped. A few days later, I told my friend on that phone that from my research they must inform one of us that the phone was taped or have a beep tone letting us know or they would be breaking federal law. Two days later a sticker appeared on that phone AND on the one they let him call his lawyer on notifying us that the phone WAS being taped. Obviously they were listening AND have been impeding everyone in that jail from a fair trial by taping both phones without informing us. The persons in that jail have not been convicted and I am certainly not. Isn't that against Federal and Civil Rights law?


Asked on 7/12/02, 7:50 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Phone taping in custody of police, not informed

Under the Patriot Act, recently enacted to combat terrorism, such activity by law enforcement and corrections officials is quite legal. This is the price Americans have agreed to pay in the so-called war on terrorism. As you can see we will live to dearly regret it, but apparently the masses are willing to sacrifice their privacy and confidentiality in this regard. Now, in the land of the free, one must be very careful of what one says, to whom one says it, and where. Attorney-client confidentiality in such circumstances is out the window, also. What a shame.

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Answered on 7/13/02, 5:02 am


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