Supreme Court of California

The secret monitoring and recording of an inmate's unprivileged jail conversations with her visitors, solely for the purpose of gathering evidence, did not amount to prosecutorial misconduct where the precedent for such a violation had been superseded by statute.

Appellate Information

• Decided 05/06/2002
• Published 05/06/2002

Judges

• BROWN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
•  Jo Anne Keller, Berkeley, for Defendant and Appellant., Kenneth I. Chapman, Public Defender (Ventura) and Michael C. McMahon, Chief Deputy Public Defender, for California Public Defender Association  and the Public Defender of Ventura County as Amici Curiae on behalf of Defendant and Appellant., Alan L. Schlosser for American Civil Liberties Union of Northern California as Amicus Curiae on behalf of Defendant and Appellant., John T. Philipsborn, San Francisco, for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, René A. Chacón, Bridget Billeter and William Kuimelis, Deputy Attorneys General, for Plaintiff and Respondent., George Palmer;  Thomas J. Orloff, District Attorney (Alameda) and A. Mark Hutchins, Deputy District Attorney, for California District Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.