-Caveat Lector- ---------- Forwarded message ---------- Date: Sat, 31 Jul 1999 17:00:56 -0700 From: JC Huntington <[EMAIL PROTECTED]> Subject: Re: Tripp Indicted on Wiretap Charge > > it states that it is not illegal for a person [who is not a law officer] if > that person is party to the interception [or one of the persons is party to > the interception] IF the act is not in violation "... of the ...laws ...of > any State". Since Maryland requires all-party consent, then Tripp is in > violation of the law. > > (d) It shall not be unlawful under this chapter for a person not > > acting under color of law to intercept a wire, oral, or electronic > > communication where such person is a party to the communication or > > where one of the parties to the communication has given prior > > consent to such interception unless such communication is > > intercepted for the purpose of committing any criminal or tortious > > act in violation of the Constitution or laws of the United States > > or of any State. > > --------------------------------- > > So it appears to me that she in fact has broken the law [which has been my > understanding for awhile now]. Maybe a lawyer here can clarify this?? > IANAL, but I can reason; my take follows: Your interpretation relies on the fact that Tripp broke Maryland law, which she did not do. In order for Tripp to have broken Maryland law, she would have to have been subject to Maryland's jurisdiction. Since Tripp was not in Maryland at the time that she taped the phone conversations, she was outside Maryland's jurisdiction. Since Tripp was outside Maryland's jurisdiction, by definition, she did not break Maryland law. Here is an analogy: assume that it is against Maryland law to carry a concealed weapon. If I am in Maryland and I am carrying a concealed weapon I can be arrested and prosecuted because I am within Maryland's jurisdiction. However, if I am walking down the street in Phoenix carrying a concealed weapon, the Maryland authorities cannot arrest me nor can they prosecute me based on the Maryland law against concealed carry. The reason the Maryland authorities cannot arrest me or prosecute me is because I am outside of Maryland's jurisdiction, and Maryland law applies only within Maryland's jurisdiction. Thus, while it may be illegal for a person *in* Maryland to record a conversation with any other person without the consent of the other party, It cannot be illegal, based on Maryland law, for a person *outside* of Maryland to record a conversation with another party. The reason for this is that Maryland's jurisdiction does not include all the other separate states. Maryland law applies only within Maryland's jurisdiction. Given this, the prosecutors case rests on their ability to prove that Maryland's jurisdiction applies to all persons in all states -- i.e. the prosecutors will have to prove that Tripp broke Maryland law while outside of Maryland's jurisdiction. Unless they can prove this, they have no case against Tripp. I believe the prosecution has it's work cut out for them on this one. DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credeence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://home.ease.lsoft.com/archives/CTRL.html http:[EMAIL PROTECTED]/ ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
