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Originally Posted by ldelacruz Where is that law? I would love to read it! I sell phone equipment with recording capability and would like to know. |
Not having much luck finding it, but some of the other codes refer back to the Code of Criminal Procedure for definitions, and this could have a significant effect:
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"Oral communication" means an oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation. The term does not include an electronic communication.
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The argument would likely hinge on whether that expectation is reasonable while on the shared porch of a duplex or townhome and speaking loudly enough to be audible to the adjoining residence.