Freepers say Rush tape inadmissable and maid committed felony

[CatWoman]

http://freerepublic.com/focus/f-news/994064/posts

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XLVII#TitleXLVII)

Alleged Audio Tape of Rush and Drug Dealer Maid Could Not Be Used In Court. Maid Committed Felony Recording It!

The woman who claims she recorded Rush Limbaugh asking her to procure drugs for him could be in some big legal trouble, and the recording she claims to have could not be used in court.

Florida has very strict laws against the “interception of communications.” (see http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XLVII#TitleXLVII) These laws are extensions of the older anti-wiretap statutes, but go much further than the old laws did. The expressly prohibit the interception or recording of any communication, oral, electronic, etc., without the active consent of all parties to the communication, on in this case, all involved in the communication.

This law reaches far beyond traditional wiretap concerns, such as the telephone. For example, television news reporters in Florida cannot use any hidden microphones in investigative stories. After a recent Central Florida union negotiation, city officials were ready to press charges against union members who tape-recorded the meeting without notifying everyone involved. Telephones or radios do not have to be involved for this law to be in effect. Any “interception,” recording, etc. of any type of spoken communication is a big no-no!

[Jacobin]

1. Would this be one of those "legal technicalities" that the RW is always

bitching about that allow criminals to go free?

Just asking the question.....

[youngred]

2. Hypocricy thy name is free republic

meh

[nothingshocksmeanymore]

3. Oh so what!

He's TOAST!!! YOU HEAR ME/.. YOUR LITTLE PIG BOY IS TOAST!!!! You have to go get another unqualified disgusting racist pig now...your PIG BOY IS TOAST!!!!

[sendero]

9. would that be...

... French toast :evilgrin:

[TroubleMan]

4. *cough*.....Linda Tripp........*cough*

nt

[onehandle]

5. This just in: Freeper bathes!

No, not really, but I made you look.

[populistmom]

6. If Lucianne and Linda can do it...?...

Why not Rush's maid?
After all, he's just some has-been money whore junkie, rather than the leader of the free world!

[leftofthedial]

7. well, it depends on what the meaning of the word "is" is

If you mean it *is* inadmissable, or if you are simply saying that it is inadmissable.

Do you see what I mean?

[jenk]

8. She has immunity and was working with the cops

nice try freepers


Rush is toast

[nostamj]

12. she was wiring a wire

for the freep-impaired:

SHE WAS.....
WEARING....
A WIRE.....

[hexola]

26. Was she? - I haven't read it like that...yet.

Was she working with the police? On this suspect?
Inital reports did not read that way...yes, NOW he is under investigation...but this may have been a "private" sting...

Has anyone seen Larry Flynt?

[Stupdworld]

10. depends on the context

any wiretap made under the auspices of the state attorney by police officers, etc is generally ok.

now if the maid decided to intercept on her own, yes it is illegal and yes she violated the law, both state and federal.

[Nevernose]

11. I don't see anything under Title 47 about wiretaps?

[Cheswick2.0]

13. NOT IF SHE IS WORKING WITH THE COPS, YOU FREAKS

rolf!!! Nice try crybabies.

[XanaDUer]

25. LOL!

eom.

[hexola]

27. Was she working for the Cops?

It hasn't sounded like that...yet

[Jawja]

14. And it was

okay for Linda Tripp?

[roguevalley]

16. many is the state where if one person knows they are being taped

you can tape someone else.

[Nevernose]

15. post this to FREE REPUBLIC

(1) The Governor, the Attorney General, the statewide prosecutor, or any state attorney may authorize an application to a judge of competent jurisdiction for, and such judge may grant in conformity with ss. 934.03-934.09 an order authorizing or approving the interception of, wire, oral, or electronic communications by:

(a) The Department of Law Enforcement or any law enforcement agency as defined in s. 934.02 having responsibility for the investigation of the offense as to which the application is made when such interception may provide or has provided evidence of the commission of the offense of murder, kidnapping, aircraft piracy, arson, gambling, robbery, burglary, theft, dealing in stolen property, criminal usury, bribery, or extortion; any felony violation of ss. 790.161-790.166, inclusive; any violation of chapter 893; any violation of the provisions of the Florida Anti-Fencing Act; any violation of chapter 895; any violation of chapter 896; any violation of chapter 815; any violation of chapter 847; any violation of s. 827.071; any violation of s. 944.40; or any conspiracy or solicitation to commit any violation of the laws of this state relating to the crimes specifically enumerated in this paragraph.

(b) The Department of Law Enforcement, together with other assisting personnel as authorized and requested by the department under s. 934.09(5), for the investigation of the offense as to which the application is made when such interception may provide or has provided evidence of the commission of any offense that may be an act of terrorism or in furtherance of an act of terrorism or evidence of any conspiracy or solicitation to commit any such violation.

[KittyWampus]

17. Yes, But Drug Abusers Are Aiding Terrorists!

So Rush is guilty and subject to the Patriot Act which allows unauthorized searches of potential terrorist suspects....

I just made that up :+

[ronzo]

18. Well, that ties in with the whole 'Undercover Rush' theory.

Not a good day in freeperland.

[neuvocat]

19. I didn't know they all were attorneys.

That might explain a lot.

[leftofthedial]

20. hmmm. an illegally recorded tape that implicates someone?

does that "tripp" any bells?

[knight_of_the_star]

21. Too bad

She can still testify to what she knows. Even without the tape, she can still nail him. Now we just need an unbiased jury...

I think twelve female black muslim democratic liberals should do nicely! Gods know he deserves it!

[Pathwalker]

22. What about saving his e-mails?

That most certainly isn't illegal.

[jenk]

30. why can't she save emails?

?

[flamingyouth]

23. Hate to quote W* here, but ....

"WHO CARES WHAT YOU THINK???"

(Believe that was said to a protestor in summer '01 in Texas)

[qanda]

24. My guess is that they couldn't detect irony

If it came and bit them on the butt. They still have some foolishness about supporting Linda Tripp on their website.

[Langis]

28. She was working for the cops

So it is admisable.

[Nicholas_J]

29. Sorry I live in Florida, have paralegal training as well

Those tapes will be admissable as there is a clause in the law regarding taping of people involved in criminal activity.

Not only that, but given the quantity of pills involved, if it is proven that Limbaugh was involved, the charges will also include intent to sell.


Fla. Stat. ch. 934.03: All parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication in Florida. Recording or disclosing without the consent of all parties is a felony, unless the interception is a first offense committed without any illegal purpose, and not for commercial gain, or the communication is the radio portion of a cellular conversation. Such first offenses and the interception of cellular communications are misdemeanors. State v. News-Press Pub. Co., 338 So. 2d 1313 (1976), State v. Tsavaris, 394 So. 2d 418 (1981).



Also:

Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most also have extended the law to cover in-person conversations. Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as "one-party consent" statutes, and as long as you are a party to the conversation, it is legal for you to record it. (Nevada also has a one-party consent statute, but the state Supreme Court has interpreted it as an all-party rule.)

Regardless of the state, it is almost always illegal to record a conversation to which you are not a party, do not have consent to tape, and could not naturally overhear.

Federal law and most state laws also make it illegal to disclose the contents of an illegally intercepted call or communication.

http://www.rcfp.org/taping/intro.html

The problem Rush is going to have if he tries to fight this too hard is that the exchange of prescription drugs between individuals who do not have prescriptions if a violation of FEDERAL drugs laws, adn not Florida State laws.

If you reead the small print on any prescription bottle you will see:

Federal Law Prohibits the transfer of this drug to anyperson other than the person for whom it was prescribed.


Rush is only beginning to be hit with the legal problems invloved with his activity.

At the Federal Level, those tapes are admissable. And of the police were aware of the taping, before they were taped, they are admissible in Florida.

http://www.rcfp.org/taping/intro.html