The Norfolk Commonwealth attorney’s office has dropped charges against a mother, who sent a recorder to her child’s school in the child’s back pack. The mother was concerned that her child was being bullied at school. After the recorder was recovered at the child’s school, the mother was charged with a felony charge of illegally intercepting oral communications and a misdemeanor charge of contributing to a delinquency of a minor.
Although the Norfolk Commonwealth Attorney believed that probable cause existed for the charges, on November 29, 2017, the Judge granted the Commonwealth’s motion to dismiss the charges.
This case shows how careful individuals must be if they are attempting to record conversations. Generally, one party to a conversation must consent to the conversation being recorded. In this case, it appears that permission may not have been obtained prior to recordings being made.
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