It's legal if one side of the conversation is aware. In this case, if the
son was talking to a friend, and mom was monitoring, or recording, then it
would not be legal.

Problem now is, her son may have won the battle, but mom will win the war.

Bill Crocker


wrote in message
...
Court: Mom's Eavesdropping Violated Law

SEATTLE (AP) - In a victory for rebellious teenagers, the
state Supreme Court ruled Thursday that a mother violated
Washington's privacy law by eavesdropping on her daughter's phone
conversation.

Privacy advocates hailed the ruling, but the mother was unrepentant.

"It's ridiculous! Kids have more rights than parents these days,"
said mom Carmen Dixon, 47. "My daughter was out of control, and
that was the only way I could get information and keep track of
her. I did it all the time."

The Supreme Court ruled that Dixon's testimony against a
friend of her daughter should not have been admitted in court
because it was based on the intercepted conversation. The
justices unanimously ordered a new trial for Oliver Christensen,
who had been convicted of second-degree robbery in part due
to the mother's testimony.

"The Washington statute ... tips the balance in favor of
individual privacy at the expense of law enforcement's ability
to gather evidence without a warrant," Justice Tom Chambers wrote.

That right to individual privacy holds fast even when the
individuals are teenagers, the court ruled.

"I don't think the state should be in the position of
encouraging parents to act surreptitiously and eavesdrop
on their children," agreed attorney Douglas Klunder, who
filed a brief supporting Christensen on behalf of the
American Civil Liberties Union.

Lacey Dixon, now 18, graduated from high school and is attending a
massage therapy school, her mother proudly reported. Christensen's
whereabouts are unknown.

Dixon has a 15-year-old son still at home, whose phone
conversations she sometimes secretly monitors. She said
she'll stop that now.

"If it's illegal, I won't do it," she sighed.
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