New York's top court: Parents can legally eavesdrop on kids
Legal Events
New York's highest court says parents can legally eavesdrop on young children, establishing an exception to state law against wiretaps without the consent of at least one person on a call.
The Court of Appeals split 4-3 in deciding such monitoring is justified when a parent or guardian reasonably believes it would be in the child's best interests to listen to and tape phone conversations.
Tuesday's ruling is in a case involving a cellphone recording of Anthony Badalamenti threatening to beat a 5-year-old boy. The boy's biological father made the recording.
Badalamenti lived with the boy's mother. He was convicted of child endangerment, assault and weapon possession.
His attorney challenged the tape as inadmissible evidence.
The ruling upheld a decision by a mid-level appeals court.
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Nicholas C. Minshew - Minshew & Ahluwalia LLP
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.