Friday, December 10, 2004

My Son Is a Terrorist!

Well, if he is the Washington State Supreme Court says, "Sucks to be you! You cannot tell anyone."

This is the MOST ridiculous thing I have ever seen and when I found out it didn't come for the ninth district I really became worried. Parents can't monitor kids' phone calls!

Excuse me? Aren't the parents paying for the phone service? As far as I am concerned, if someone uses my phone--unless they ask for privacy--I should be able to hear the whole conversation.

I just want to spit!

26 comments:

Lightning Bug's Butt said...

Yeah. I thought that was ri-god-damn-diculous, too. Kids have more rights than parents. I wish I knew that when I was younger.

Anonymous said...

When the people are not trusted, they become untrustworthy. In other words, if you spy on your children, they will become secretive.

Asshole.

kitty said...

As a parent, I can say that I didn't become suspicious until their behavior warrented it. Teenagers especially are terribly clever at preying upon their parents' timidity. I didn't give a damn when my kids' feelings were hurt/crushed because their behavior made me suspicious. That emotional blackmail ceases when they see it doesn't work. If the law said I couldn't listen in, then I'd ban the kid from using MY phone, which I've done.

paul said...

Uh, you are mistrepresenting the decision. It said that unless one person in the conversation was aware of the listening in, the eavesdropping couldn't be used as evidence in a criminal case.

Slightly different than forbidding the mother from listening at all. Given the fact that the state argued in favor of allowing the mother to listen in, it is doubtful they'd prosecute her for doing so.

STCA said...

How did I misrepresent the case, Paul? What this case says is that whatever is gleamed from eavesdropping on a child's phone call cannot be used to prosecute. So if my child was, say, Johnny Walker Lind, then I could tell the cops but they couldn't do anything about it by way of putting him in jail.

AND, if they gathered further evidence based on a warrant based on the initial eavesdropping, then all that would be thrown out of court.

Anonymous said...

hmmm, Sounds like STCA needs a time out!
{/sarcasm}

Anonymous said...

I have a question for Anonymous who said...
"When the people are not trusted, they become untrustworthy. In other words, if you spy on your children, they will become secretive.
Asshole."

Why don't you let us raise our children the way we wish to raise them instead of creating laws to stop us? Why is "Let your child do everything it wants" such a good idea that a law has to be made stopping a parent from taking some responsibility against a misbehaving child?

-DoubleU

M@ said...

That law undoubtedly needs to be amended to include a provision for parent's rights trump the privacy rights of their children. In this particular case at least, I don't have a problem with the decision though. I think it was a correct interpretation of state law and constitution, which is the charge of the state supreme court. It highlights the flaw in the law but applies it as written. That they declined to attempt to relegislate this from the bench is a good thing.

The next step that could be taken by prosecutors(appealing the decision in federal court)is understandably balanced by the fact that the kid has already served a reasonable amount of time for the crime. Pursuing it further requires the state to spend a whole lot of money and time just to get this guy a few more months of jail time on a minor rap. I'm not so concerned with his rights as I am willing to consider the perspective of the DA office, which probably rests more on the statewide application of the law(and the political consequences) than it does on the nationwide/societal value of the law. I don't know what could have been done by the court to show that the washington law was unconstitutional, but I am not a lawyer or anything close.

That said, the next step should be a lobbying effort of the state legislation to fix this broken law. I hate to come down on the side of the ACLU(I disagree with their position, I think the fact that it was a parent violating their child's privacy is central to the case and they should never have taken this case) but the law doesn't have anything about it in there, so what are you gonna do? Better to not have judges legislating from the bench, even if that would make the decision more just in our minds. That's only my opinion, and I still agree that a mother has broad rights over her child's privacy, and whatever she finds out ought to be court admissible.

Just imagine if she'd overheard her daughter talking about shooting up the school? Or more specific to this case, what if her boyfriend had been talking about it? This law needs to be changed, big time. Thanks for leaving the comments open so I could ramble :D

Cheers,
M@

STCA said...

M@, your comments are so wise! I think you are right; this was actually an instance where the court was not legislating from the bench.

So do you suggest that because of this case that the state legislature pass laws allowing parents to listen in on their children's conversations?

But the one thing that sticks with me is this: was this decision reached through an interpretation of wire-tap law? As far as I am concerned, there was no recording of the phone call and there would be NO difference if the mother sat outside her daughter's bedroom and listened at the door or simply picked up the receiver and did the same.

paul said...

But then they wouldn't have heard his end of the decision. You keep making this about the mother listening to the daughter, but it's really about the mother listening to the asshole.

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