Prisoners should not have their phone calls recorded. There are laws against illegal search and seizure, beginning with the one in the Constitution.
To begin with, those in county jails have not even been convicted, but are awaiting trial. How do we justify recording their conversations when no crime against them has been found? Isn't there a principle called innocent until proven guilty? If I or you had our phone conversations tapped, we would be outraged. How do we take away a right that should be given equally to them?
But, even those not waiting trial -- even those who are convicted -- should not automatically have their conversations recorded. If there is probable cause, the prison keepers should get a warrant before recording the conversation.
Says Amendment Four in the Constitution: "The right of the people to be secure in their persons, houses, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation . . ."
When a prisoner gets on the phone, it is not uncommon for them to discuss whether they belong there. Indeed, the conversations of those in county jails awaiting trial go heavily this direction. Why should prosecutors be able to collect details against the prisoners this way? We can see that if they were telling their lawyer details, those should not be subject to being recorded. Why does it suddenly become okay to intercept the conversation just because it isn't a lawyer on the other end? What they are discussing is the same whether it is a lawyer on the other end or a friend.
We wouldn't invite the prisoner to listen in on the D.A.'s conversations as he told of his strategies for convicting the prisoner. Why should not the defense not be afforded equal treatment?
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