Historically, eavesdropping had been a specific offense, today we mostly use the word "eavesdropper" to refer generally to a person who secretly listens in to another person’s conversation.
Whether an eavesdropper can testify in court often depends upon the nature of the conversation that he or she overheard. Certain conversations are considered to be privileged. For example, the conversations between spouses, attorneys and clients, and doctors and patients are considered confidential. In many states, including California, an eavesdropper cannot testify regarding privileged communications.
However, parties to such confidential communications must truly intend such communications to remain private. For example, they should take reasonably steps to keep them insure that no one is listening in.
If you are a criminal defendant who made incriminating statements out-of-court, these statements may be used against you. You may need help of qualified criminal defense attorney to determine what statements are privileged or confidential, who may testify against you, and how to set up a criminal defense strategy to respond to such adverse testimony in the court of law.
Last Modified: 11-28-2015 10:20 AM PSTLaw Library Disclaimer
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