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Criminal Law

: Fourth Amendment

FreeP: "Lawyers argue over secret taping of Jabalee brothers at gravesite"

By John Wesley Hall, Jr.

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In the Detroit Free Press: Lawyers argue over secret taping of Jabalee brothers at gravesite: Ryan Jabalee was heard crying or sobbing on a recording device set up by law enforcement at the gravesite of his murdered parents, Ronald and Christine Jabalee, in 2007. His brother, Ronald Jabalee Jr. -- who is standing trial today in Macomb County Circuit Court in the October 2006 slayings -- did not sound distraught. In opening statements, the prosecution painted Ronald as an uncaring son. The recording, if admitted, could support their claim. Defense attorney Stephen Rabaut said the device was installed without a warrant and that the Fourth Amendment goes beyond telephone calls and includes invasion of privacy. "It's eavesdropping," he said, adding that Michigan has a law about eavesdropping...continue to full post

Full post as published by Fourth Amendment on October 22, 2010 (boomark / email).

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