# Taping prisoner interview phones - constitutional? **URL:** \ **Category:** Factual Questions\ **Created:** [August 12, 2008, 12:08am UTC](https://boards.straightdope.com/t/taping-prisoner-interview-phones-constitutional/459684 "2008-08-12T00:08:41Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![TV\_time](https://avatars.discourse-cdn.com/v4/letter/t/f17d59/32.png) [@TV\_time](https://boards.straightdope.com/u/TV_time)\ **Post date:** [August 12, 2008, 12:08am UTC](https://boards.straightdope.com/t/taping-prisoner-interview-phones-constitutional/459684/1 "2008-08-12T00:08:41Z")
Now, I haven’t been to a jail in a long time, but when I was, I could talk to jailed types without fear of everything that was said being taped and given to the media. Now, however, with the phone interviews in the interview rooms being the only way to communicate to an inmate and those things being given to the Pseudo press (Nancy Grace and Bill O.) and I assume given to the prosecution, isn’t that an invasion of privacy (or something)? It just seems that it is to me. First you limit the communication to one venue and then you make that open to the public in such a way the person’s communication _with their family_ is held up to redicule as in the Cayce/Caylee disappearance and the Hulk Hogan son thing. It’s somewhat like forcing a person to testify against himself. I can sort of see this in the case of a mobster or something where there is the danger of a hit being put out on someone, but hey those guys have other ways of getting messages out for such things, anyway, right? ---
**Author:** ![Bosstone](https://avatars.discourse-cdn.com/v4/letter/b/22d042/32.png) [@Bosstone](https://boards.straightdope.com/u/Bosstone)\ **Post date:** [August 12, 2008, 12:22am UTC](https://boards.straightdope.com/t/taping-prisoner-interview-phones-constitutional/459684/2 "2008-08-12T00:22:56Z")
All phone calls from the jail have a recorded message notifying them that the call will be recorded, so they’re not conversing unaware. I don’t see why you’re saying the recorded conversations are held up to ridicule, as if that’s a necessary consequence; if there is evidence contained in the recording, and the inmate knew it was being recorded, the prosecution would have to be a damn fool not to use it. I’m less certain on this point, but if there’s a true need for confidentiality, as with a lawyer, I believe the prisons do offer secure rooms. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [August 12, 2008, 1:46am UTC](https://boards.straightdope.com/t/taping-prisoner-interview-phones-constitutional/459684/3 "2008-08-12T01:46:37Z")
> [@](#): > > isn’t that an invasion of privacy (or something)? Yes, but it’s hardly the worst loss of privacy a prisoner is going to experience. If you’re real question is whether it’s legal, the answer is again yes. > [@](#): > > All phone calls from the jail have a recorded message notifying them that the call will be recorded, so they’re not conversing unaware. We also put a little sticker on all the phones that prisoners use. > [@](#): > > I’m less certain on this point, but if there’s a true need for confidentiality, as with a lawyer, I believe the prisons do offer secure rooms. That’s correct. Prisoners have the right to arrange for either confidential phone calls or visits from legal representatives which cannot be monitored. ---
**Author:** ![Squink](https://avatars.discourse-cdn.com/v4/letter/s/b5e925/32.png) [@Squink](https://boards.straightdope.com/u/Squink)\ **Post date:** [August 12, 2008, 2:52am UTC](https://boards.straightdope.com/t/taping-prisoner-interview-phones-constitutional/459684/4 "2008-08-12T02:52:04Z")
[Recordings raise questions about inmates’ rights](http://ap.google.com/article/ALeqM5j0sBTDMByeg_wB6-suhqLO5hWcZQD92BKBR80) > [@](#): > > Discussions between attorneys and their clients are among the most highly protected communications in the legal system, and breaching their confidentiality is considered a serious violation of inmates’ constitutional rights. > > In California, it’s a felony for anyone to eavesdrop without permission on inmates’ phone calls with attorneys, doctors, psychologists and clergy. But that has not prevented problems. > > In the past two years, privileged conversations between inmates and lawyers have been recorded in Alameda, Santa Clara and Riverside counties in California, as well as Broward County, Fla.; Lansing, Mich.; and Dallas. > > The breaches typically come to light during preparation for trial, when prosecutors are required to share evidence with defense lawyers. > > Jail systems have long recorded inmate calls to watch for illegal behavior or investigate crimes. But before automated systems were introduced two decades ago, deputies could switch off the tape if an inmate called a lawyer. ---
**Author:** ![vetbridge](https://avatars.discourse-cdn.com/v4/letter/v/b5e925/32.png) [@vetbridge](https://boards.straightdope.com/u/vetbridge)\ **Post date:** [August 12, 2008, 2:53pm UTC](https://boards.straightdope.com/t/taping-prisoner-interview-phones-constitutional/459684/5 "2008-08-12T14:53:43Z")
There was a case in my area where a woman was arrested on a relatively minor drug charge. She wanted to hire an attorney, so she called a friend and asked her to do the footwork. She told her friend that she could get the cash to pay the attorney by going to a location _where she had a cache of drugs hidden_ and converting it to cash. The police followed the friend and arrested her. ---
**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\ **Post date:** [August 12, 2008, 4:01pm UTC](https://boards.straightdope.com/t/taping-prisoner-interview-phones-constitutional/459684/6 "2008-08-12T16:01:29Z")
Privilege and LEO aside, is there a law that prevents me from going down to the local pokey and obtaining recordings of random conversations? What if I had a non-connected curiosity (i.e., I wasn’t involved, am not related to any of the parties, but read about the crime in the paper)? Isn’t this what’s going on with Bill O et al? Is it a FOIA thing?