It found the recording admissible because the statutory exclusionary rule contained in section 632 was abrogated by passage of Proposition 8, and concluded it was bound by federal Fourth Amendment law. These issues were recently addressed by our colleagues in Division Four in People v. Algire (2013) 222 Cal.App.4th 219 (Algire), a decision published after briefing was completed here. Rather than reinvent the wheel, we draw extensively on that thorough and well-reasoned opinion.
It found the recording admissible because the statutory exclusionary rule contained in section 632 was abrogated by passage of Proposition 8, and concluded it was bound by federal Fourth Amendment law. These issues were recently addressed by our colleagues in Division Four in People v. Algire (2013) 222 Cal.App.4th 219 (Algire), a decision published after briefing was completed here. Rather than reinvent the wheel, we draw extensively on that thorough and well-reasoned opinion.
B. Analysis. As an initial matter, respondent asserts that the Proposition 8 "Truth-in-Evidence" provision of the California Constitution abrogated the exclusionary rule set forth in section 632, subdivision (d), citing People v. Algire (2013) 222 Cal.App.4th 219 (Algire). As such, respondent argues appellant has no grounds for relief under section 632, subdivision (d), in light of Algire.
The other cases Securus cites for the proposition that any violation of CIPA must be intentional are similarly inapposite. See People v. Superior Court of Los Angeles Cty., 70 Cal.2d 123, 74 Cal.Rptr. 294, 449 P.2d 230 (1969) (stating in dictum that Cal. Penal Code § 653j, now § 632, which proscribed "intentionally" eavesdropping had an intent requirement); People v. Algire, 222 Cal.App.4th 219, 165 Cal.Rptr.3d 650 (2013) (holding § 632, which proscribes "intentionally" eavesdropping, has an intent requirement). ii. General Provision on Mens Rea
However, between defendant's supplemental opening brief and supplemental reply brief, the case was ordered depublished by our Supreme Court. (See People v. Algire (Dec. 17, 2013) B244557, opn. ordered nonpub. Mar. 19, 2014.