United States Second Circuit

In an action under Title III of the Omnibus Crime Control and Safe Streets Act based on the unauthorized recording of a conversation, dismissal of the complaint is affirmed where the exception to the one-party consent provision of 18 U.S.C. section 2511(2)(d) requires that a communication be intercepted for the purpose of a tortious or criminal act that was independent of the intentional act of recording.

Appellate Information

• Decided 08/13/2010
• Published 08/13/2010

Judges

• Richard C. Wesley

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Marshall Caro, Allan B. Taylor