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Cases of Interest: Wiretapping
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ILLINOIS: In re Marriage of Auriemma, ___ Ill. App. 3d ___, 648 N.E.2d 118 (1994).
The trial court abused its discretion by refusing to award attorney's fees for litigation surrounding an illegal wiretap placed in the wife's home.
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MISSISSIPPI: Wright v. Stanley, 23 Fam. L. Rep. (BNA) 1405 (Miss. 1997)
While there is no interspousal exception to the federal wiretapping statute some states have held that there is a parent-child exception based on the doctrine of vicarious consent.
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NEW JERSEY: D'Onofrio v. D'Onofrio, No. A-5492-98T1 (N.J. Super. Ct. App. Div. Oct. 2, 2001).
The mother appealed the award of primary custody of the children to the father. The mother's primary argument was that audio tapes of coarse telephone conversations between the mother and the children should not have been admitted.
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UTAH: Thompson v. Dulaney, 20 Fam. L. Rep. (BNA) 1089 (D. Utah 1993).
The parties were divorced in 1989. At a later custody proceeding, the wife introduced transcripts of phone conversations between her former husband and their two children, ages five and three. The children were living with the wife and her parents.
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