Most people know that the authorities could watch or listen to the things they say and do in public. However, you may not be aware how far your privacy goes. Are the discussions you have over the phone truly private? Could the police listen to your telephone conversations even if you are inside your own home? What can you do if the police violate your rights?
What does Texas law say about wiretapping?
While the law regards listening to or recording a conversation without consent, Texas’s “one-party consent” policy means that only one person in the conversation must consent. Because of this, the person you speak with could consent to record the conversation without your agreement.
Can the police listen in on your conversations without a warrant?
In some cases, the police could get a warrant to listen to your telephone conversations. This requires the police to prove to a judge that tapping your phone could allow them to solve a serious crime. However, they cannot record your conversations indefinitely, and the police must limit themselves to conversations that are relevant to the case.
There may be exceptions to warrant requirements, however. The police could track the phone numbers that you call without a warrant, and they may listen in on telephone conversations made in prisons.
If the police wiretap your telephone without cause, it could be an invasion of your privacy. Contact an attorney to discuss the wiretapping you experienced and how you can protect your rights from police overreach.