Q: My daughter lives in Florida. I overheard a fight w/ her mom. Is that considered eavesdropping? I live in another state.
I'm her step mom. I was not recording, and I was not planning on using it in court. I just read about eavesdropping and didn't know if no recording was a factor. Thank you so much for the information, a lot of weight was just lifted.
A: Well, it was "eavesdropping" if one or both of them didn't know you were listening, but it was not necessarily unlawful. If you were on the phone with one of them, and she happened to hold onto the phone or put it down (knowing you were still there) as she started the interaction with the other one, you didn't have the intent to unlawfully intercept the communication. (I assume you were not recording, which would be a different analysis.) Regardless of what transpired, so what if you heard? Are you thinking of using it against her mom in some legal proceeding or in any other way? If so, best to refrain from doing that before you consult an attorney.
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