NCJ Number
162945
Journal
Criminal Law Bulletin Volume: 32 Issue: 2 Dated: (March-April 1996) Pages: 123-133
Date Published
1996
Length
11 pages
Annotation
The surreptitious tape recording of a conversation made in the back seat of a police car is a questionable practice, because it violates the individual's expectation of privacy.
Abstract
After stopping someone on the highway, a police officer often finds the need to investigate further or search a vehicle. The officer may suggest or insist that the person sit in the back seat of the patrol car for the individual's safety or convenience or for eventual transportation to the police car. The naive arrestee and the unsuspecting private citizen seeking shelter or simply a place of refuge may believe that the back seat of a closed police car is private. However, Federal and State courts have considered the back seat of a police car to be like a public forum. Although for the arrestee no general expectation of privacy exists, especially while in police custody, it is reasonable to question why the government has legitimate access to conversations simply because they occurred in the back seat of a police car. The back seat is not the equivalent of a jail situation, where the authorities must reasonably worry about escape plans and threats to the security of the facility. Depriving those who have not been arrested of the right to privacy in the police car setting is even more troubling and should be prohibited. Footnotes