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Family Law Keyed to Weisberg
Kirkland v. Franco
Facts
Defendant Dennis Franco placed a telephone recording device in he and his wife’s bedroom because he suspected his wife, plaintiff Alice Kirkland, of having an extramarital affair. The tape recording device recorded conversations between plaintiff and her lover, Jones. Plaintiff and Jones brought suit against defendant claiming that defendant violated the Federal Omnibus Crime Control and Safe Streets Act and Louisiana’s Electronic Surveillance Act. Both Acts barred intercepting electronic communications. Defendant responded that he was entitled to summary judgment because the Fifth Circuit had created an exception for spouses to the federal Act.
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