New York's top court: Parents can legally eavesdrop on kids

Legal Events

New York's highest court says parents can legally eavesdrop on young children, establishing an exception to state law against wiretaps without the consent of at least one person on a call.

The Court of Appeals split 4-3 in deciding such monitoring is justified when a parent or guardian reasonably believes it would be in the child's best interests to listen to and tape phone conversations.

Tuesday's ruling is in a case involving a cellphone recording of Anthony Badalamenti threatening to beat a 5-year-old boy. The boy's biological father made the recording.

Badalamenti lived with the boy's mother. He was convicted of child endangerment, assault and weapon possession.

His attorney challenged the tape as inadmissible evidence.

The ruling upheld a decision by a mid-level appeals court.

Related listings

  • Supreme Court rejects Blagojevich appeal in corruption case

    Supreme Court rejects Blagojevich appeal in corruption case

    Legal Events 03/27/2016

    The Supreme Court on Monday rejected former Illinois Gov. Rod Blagojevich's appeal of his corruption convictions that included his attempt to sell the vacant Senate seat once occupied by President Barack Obama.   The justices let stand an appeal...

  • Court gives green light to death penalty fast-tracking

    Court gives green light to death penalty fast-tracking

    Legal Events 03/24/2016

    A federal appeals court Wednesday cleared the way for the Department of Justice to allow states to have their inmates' death penalty appeals expedited through federal court.   Legal organizations that challenged the DOJ's criteria for certifying...

  • Judge begins to deliver verdict in Ukrainian pilot trial

    Judge begins to deliver verdict in Ukrainian pilot trial

    Legal Events 03/22/2016

    A Russian court has begun reading a verdict for Ukrainian pilot Nadezhda Savchenko, who is charged with complicity to murder two Russian journalists in war-torn eastern Ukraine.   The judge began reading the verdict Monday morning. He quoted arg...

Texas Adopts Statewide Texting-While-Driving Ban

Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”

The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.

Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.

Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read