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.
================================================== ===

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.
================================================== ===

Bill Crocker wrote:

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.

I think you are absolutely correct in that assessment, Bill.

dxAce
Michigan
USA



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.
================================================== ===

On Fri, 10 Dec 2004 06:12:13 -0500, "Bill Crocker"
wrote:

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


That varies by state, as well...

Bill Crocker wrote:

It's legal if one side of the conversation is aware.
---------------
In California as in many states both ends of any conversation
must agree to be taped.
Steve

Thought for the day...When your child who is under 18 commits a crime
and that crime cost somebody $$$'s, does the kid pay? Or does the
parent pay? Is the state willing to pay the legal fees? If a parent
can't eaves drop on a minor child, when they believe their child is
doing something illegal or unnacceptable, in their home that they are
paying for and the phone that they are paying for, then the state
shouldn't hold the parent financially accountable. THAT'S my ever so
humble GOOD parent opinion. Carmen, right or wrong...I would have done
the same thing...

As I wrote elsewhere . . .

Good! Young children shouldn't be using the phone. If they are old enough
to responsibly use the phone for personal conversations, then the parents
should mind their own business. This ruling is right and just. It is also
surprising, as courts rarely rule on the side of common sense. -Dave

wrote:
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."

This is ridiculous. Wonder how this ever got to court in the first
place?

If she isn't going to wiretap anymore, the answer is easy, no phones
for the kids.

I have to laugh, I think Dave C. is a lawyer. The minute I remove the
phones from my house because I can't trust my kids, then when there is
an emergency and something happens to my minor child, I will be
considered an irresponsible parent because they can't call 911 and I'll
be sued by my kid and the child welfare department. Where is the
common sense here. Parents are responsible for their minor childs
actions.....PERIOD. Parents, do what you must to keep your kids safe!

wrote:

I have to laugh, I think Dave C. is a lawyer. The minute I remove the
phones from my house because I can't trust my kids, then when there is
an emergency and something happens to my minor child, I will be
considered an irresponsible parent because they can't call 911 and I'll
be sued by my kid and the child welfare department. Where is the
common sense here. Parents are responsible for their minor childs
actions.....PERIOD. Parents, do what you must to keep your kids safe!
----------------------------
You simply don't grasp this deeply enough.

Here's what parental responsibility ACTUALLY means! Actually: The
parent deserves everything their child decides to inflict upon them!!
And why?

Because the treatment of the child is wholly responsible for how
the child treats the parent and in fact wholly JUSTIFIES that same
treatment!! YOU GET WHAT YOU DESERVE FROM YOUR KIDS! If you can't
trust them, YOU did it! If they hate you, YOU MADE THEM! If you
were unable to justify their love for you, then you deserve their
hate!! If you don't give them what you were supposed to, AND in a
mode and manner so that they WANTED TO RECEIVE AND ACCEPT IT, then
you DESERVE ALL the results!!

Anyone who pretends they deserve to GET differently than they GAVE,
is LYING! If you can't incur the love of your children so that they
want you PROTECTED, then you don't DESERVE IT!!
Steve