Los Angeles, California

Listening to Telephone Calls

Listening to Telephone Calls Defense Attorneys in Los Angeles

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California Penal Code 631 PC | Definition

Listening to telephone calls means using special technology that goes directly into another person’s telephone line to listen to conversations taking place on that line. It’s done by accessing the phone signal.

Most people think that listening to phone calls, or phone interception, is something law enforcement uses to solve criminal cases. In fact, private citizens sometimes engage in phone listening or interception with the aim of gaining an advantage over a business competitor or opponent in a legal dispute by discovering their secrets. And you might not know that under California law it is a crime for non‑law enforcement persons to intercept another person’s phone without their permission; therefore it is a crime.

If you are accused of the crime of listening to telephone calls in California, you may feel more than a little surprised. The fact that wiretapping or phone interception can result in criminal penalties is not widely known, and many people may think: “If the police can do it, why can’t I?”

However, in California it is a crime for private citizens to listen to phone calls of another person. It is also a crime to intercept calls on cell phones and wireless phones.

In most cases, the crime of telephone spying (or interception of wireless phones or telephone calls) in California means that the prosecutor may choose to try it as either a felony or a misdemeanor, depending on the case circumstances and the accused’s criminal record.

Sanctions

  • Listening to telephone calls is classified as a misdemeanor; then the maximum penalties are a fine of up to $2,500, up to one (1) year in county jail, or both.
  • But if it is perceived as a felony, then the prison term is sixteen (16) months, two (2) years, or three (3) years.

Also, if you have previously been convicted for listening to phone calls or other crimes associated with invasion of privacy (including wiretapping, interception of a cell phone call, and interception of a call on a wireless phone), the maximum fine can go up to $10,000.

Legal Defense

If you are accused of a crime and the evidence obtained is introduced against you, but it is not clear that all the requirements we have discussed for law enforcement’s use of phone interception are met, then you may file a motion under Penal Code section 1538.5 — a suppression motion. Suppression motions are most often used to throw out evidence that the police obtained when they violated the law.

You may challenge the evidence of listening to telephone calls on the ground that it was obtained without a valid court order. Our attorneys at Progresso Legal Group P.C. can give you the best representation and help you resolve your situation.

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