Does electronic monitoring of a conversation between a person and their spouse violate privacy?

Schnabel further argues that electronic monitoring of his conversation violated the privacy guaranteed to all persons by the Fourth Amendment and to spouses by section 980 of the Evidence Code. He may properly raise this question on this appeal taken pursuant to section 1538.5(m) of the Penal Code, since recording a conversation is a seizure cognizable under the Fourth Amendment. (Katz v. United States (1967) 389 U.S. 347, 353, 88 S.Ct. 507, 19 L.Ed.2d 576, 583.)

North v. Superior Court, supra, 8 Cal.3d 310, 104 Cal.Rptr. 833, 502 P.2d 1305, dealt with this problem. There, recording of a conversation between husband and wife was held to violate the Fourth Amendment

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