PEOPLE v. WINDHAM

No. A111600.

51 Cal.Rptr.3d 884 (2006)

145 Cal.App.4th 881

The PEOPLE, Plaintiff and Respondent, v. David WINDHAM, Defendant and Appellant.

Court of Appeal of California, First District, Division Five.

December 14, 2006.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Laurence K. Sullivan and René A. Chacón, Supervising Deputy Attorneys General, for Plaintiff and Respondent.

David C. Coleman, Contra Costa County Public Defender, for Defendant and Appellant.


GEMELLO, J.

Defendant was arrested for domestic violence against his girlfriend. While he was in jail, he placed several calls to her, which were recorded pursuant to an announced, blanket policy of recording all outgoing telephone calls by jail inmates. The prosecutor obtained recordings of the calls for use in defendant's criminal case, and the trial court denied a motion to suppress. We affirm, holding that defendant impliedly consented to the recording of his...

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