Is a recording obtained under police supervision admissible under section 633 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Ayers, 124 Cal.Rptr. 283, 51 Cal.App.3d 370 (Cal. App. 1975):

Defendants concede that under existing statutory and case law the recordings which were obtained under police direction and supervision would be admissible. (Pen.Code, 633.) 1 They argue, however, that Article I, section 1 of the California Constitution (as reworded by amendment in 1974) protecting the individual's right to privacy, impliedly and implicitly repeals Penal Code section 633. For this contention they rely on White v. Davis, 13 Cal.3d 757, 120 Cal.Rptr. 94, 533 P.2d 222.

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