Thanks for the quick reply.
Police are allowed to tap into your phone and listen to your old calls, but if they do so without first asking for your consent to invade your privacy, they are supposed to first obtain a court
order allowing that.
To get the order, they need to show probable cause
-- a reasonable belief that criminal
activity may be taking place and that the phone calls may present evidence of that -- along with a showing that they cannot safely get this evidence any other less intrusive way. If they convince a prosecutor of that, the matter goes before a judge who issues the order.
If there is no order, or if the scope of what the police listened to falls outside of what is designated in the order, such matters can get challenged by the defense at special pre-trial
suppression hearings designed to address violations of a defendant's constitutional rights. If such a hearing gets won, any evidence in the phone calls would not be admissible against the defendant at trial.
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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.