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Utah woman charged with eavesdropping after putting audio recorder in diaper bag to listen when children were at ex-husband's house

nihilist11

July 26, 2015
345 upvotes
/r/MensRights
http://www.dailymail.co.uk/news/article-3174648/Utah-woman-charged-eavesdropping-putting-audio-recorder-diaper-bag-listen-children-ex-husband-s-house.html
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Post Information
Title Utah woman charged with eavesdropping after putting audio recorder in diaper bag to listen when children were at ex-husband's house
Author

nihilist11

Upvotes 345
Comments 47
Date July 26, 2015 11:12 AM UTC
(10 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/3enfb9/utah_woman_charged_with_eavesdropping_after/
Archive Link https://theredarchive.com/r/MensRights/utah-woman-charged-with-eavesdropping-after.974658
https://theredarchive.com/post/974658
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Comments

[–]thefilthyhermit 22 points23 points24 points 10 years ago (0 children) | Copy Link

She was trying to dig up dirt on her ex. Most likely, hoping to find out if he had visitors or overhear a phone conversation with his lawyer, family, or maybe even a new girlfriend. Anything that could be used to trash him in court since false abuse claims were not working for her.

[–]franticaerobics 20 points21 points22 points 10 years ago (3 children) | Copy Link

Why is Alice Cooper hiding recording devices in diaper bags?

[–]thefilthyhermit 2 points3 points4 points 10 years ago (0 children) | Copy Link

Welcome to a father's nightmare!

[–][deleted] 1 point2 points3 points 10 years ago (0 children) | Copy Link

Because she wants to welcome children to her nightmare?

[–]GreasedLightning 9 points10 points11 points 10 years ago (16 children) | Copy Link

From my layman's understanding, any in-person recording someone makes that is of a conversation they themselves would not be in is illegal. If you were in that conversation, you'd be OK to. So that's why in some movies, you have the guy wear a wire and not put a bunch of listening devices all over the office he works in when he shouldn't be there.

Anyhow, this lady seems kinda crazy and sad. You'd think an abuser would be the one who's volatile and Orwellian enough to record conversations she can't take part in. I could see that type of person easily raising their hand to silence dissent. If it doesn't manifest physically, then it most certainly would in other areas.

[–]zrowny 7 points8 points9 points 10 years ago (15 children) | Copy Link

The law varies by state. At the federal level, recording a conversation requires just one party's permission (presumably you). A lot of states require permission from every party involved however.

And fyi, all this permission shit goes out the window if you're in public (anywhere without a "reasonable expectation of privacy")

[–]ndstumme 6 points7 points8 points 10 years ago (13 children) | Copy Link

Yeah, but if she leaves the area of the recording device, she is no longer one of the parties. It's in his house and she's not there, then there is no party being recorded that's given permission.

[+]Lurker_IV -9 points-8 points-7 points 10 years ago (12 children) | Copy Link

She is the legal parent/guardian of the children. I think parental rights would allow her some rights with what she leaves with the children.

[–]MSgtGunny 1 point2 points3 points 10 years ago (11 children) | Copy Link

That's not how the law works and for good reason

[–]Lurker_IV -1 points0 points1 point 10 years ago (10 children) | Copy Link

For what good legal reason should a parent not be allowed to record what happens to their children? Where do you think the line should be?

[–]germaneuser 2 points3 points4 points 10 years ago (0 children) | Copy Link

From the comments section:

If the placement of the bug was as subtle as her makeup, she will be in trouble

Rekt.

[–]EvrythingISayIsRight 2 points3 points4 points 10 years ago (0 children) | Copy Link

Hiding an audio recorder in a diaper bag? Sounds like a load of shit.

[–]TheDongerNeedsFood 1 point2 points3 points 10 years ago (0 children) | Copy Link

Anyone want to take a stab at what the charges would be if a man had done this to his ex-wife? I'm thinking the odds are fairly decent that they would try to convict him of a crime that would get him placed on the sex-offender registry.

[+][deleted] -16 points-15 points-14 points 10 years ago* (36 children) | Copy Link

EDIT apparently my saying he is getting screwed over had a connotation that I did not intend, but I maintain that when I posted the tone was generally attacking her. Sounds to me like she may have deserved it. BUT I maintain that we need to offer her the same benefit of the doubt we would offer a man.

If I understood the article, they say it was legal if she believed he was abusing the kids.

She may have honestly believed that.

The prosecutors say no sexual abuse has taken place.

My conclusion? A man is getting treated correctly by the system, she is be getting screwed over.

Sorry to be the guy who talks about being downvoted, but please understand that we can't simply attack women, or overlook where men do well. Quite the opposite.

[–][deleted] 10 points11 points12 points 10 years ago* (20 children) | Copy Link

How are we attacking this woman? This post hardly has any comments and some people are being mean because she did a shitty thing but to go so far as to say we are attacking this woman is a exaggeration. The fact that you can express your opinions here and defend a woman without being banned means a lot. Having someone disagree with you is not a attack :/

[–][deleted] 1 point2 points3 points 10 years ago (1 child) | Copy Link

When I posted all the comments I saw were negative. The context for my comment may have changed as others have posted.

But yea, the fact that I can express my opinion here is why I like MRA's.

This one is toxic sometimes, but I wonder if that has to do with people who are trying to make it look bad. Probably not always, but sometimes I wonder about that.

[–][deleted] 2 points3 points4 points 10 years ago (0 children) | Copy Link

I think the sub could use some more positive articles instead of the ones that constantly show how shitty things are for men but even while i type that i have a hard time thinking of any positive news. Sometimes things can get really toxic and some of the guys do take things too far but i think most of the people here are just frustrated, im not excuses for toxic posters but i can see where the anger and frustration comes from.

[+]Lurker_IV -17 points-16 points-15 points 10 years ago (17 children) | Copy Link

We are attacking this women because this post on this particular sub comes with the attitude of "look at the BAD thing this woman did" as do soo many posts about women here have.

She was trying to protect her kids by coming up with actual hard evidence of abuse and not just going with hearsay and unfounded accusations. Its a shame she ran into wiretaping laws while doing so.

[–][deleted] 12 points13 points14 points 10 years ago (12 children) | Copy Link

She is a bad woman and she did something wrong and pathetic, that's why she will be going to jail. You would think she would find something after getting caught NINE times but clearly she felt the need for the 10th cause the abuse that never existed would finally show its head. Also they are in the middle of a custody battle and she clearly was not trying get info on her ex , it was all done to protect the kids , women can do illegal shit if its all in the name to protect the kids even if the court and police have found zero evidence of abuse. But hey the men of this sub are clearly monsters who are mean to this charming woman.

[+]Lurker_IV -13 points-12 points-11 points 10 years ago (11 children) | Copy Link

She is a bad woman and she did something wrong and pathetic

And you ask "How are we attacking this woman?"

You would think she would find something after getting caught NINE times but clearly she felt the need for the 10th cause---

---cause that is called being a vigilant parent.

I can't tell if you are being sarcastic or not. Every day here there are complaints about false accusations of every sort being made by women and mothers against men yet when a woman comes along who goes out of her way to actually get evidence before making any accusations you treat her exactly the same.

I will bet you wouldn't have a problem with someone wearing a recording device on themselves in order to protect themselves. And very simply by extension of that a parent should be able to put a recording device on their children under their care/custody. Since its hard to put a wire on kids she put it in the diaper bag instead.

[–][deleted] 1 point2 points3 points 10 years ago (8 children) | Copy Link

Exactly...she goes out of her way and found zero evidence, of all the ways you can get evidence of abuse do you think that sticking a recorder on a kid is the best way to do this? she is literally using her kids as a shield for everything , using her kids as a excuse to be a criminal.

Saying someone is a bad person and that they did something wrong is a attack? Speaking honestly and using facts is a attack now? You are a special kinda stupid.

[–][deleted] 6 points7 points8 points 10 years ago (1 child) | Copy Link

cause that is called being a vigilant parent

No, that's called being a repeat felon.

[–]pintocat 9 points10 points11 points 10 years ago (1 child) | Copy Link

Ugly divorce proceedings lead to women trying to come up with fake sex abuse charges to get the kids so they can milk money from the dad. If she thought it was abuse, she should have gone to authorities. She was just looking for something she could bring to the divorce settlement proceedings

[+]Lurker_IV -9 points-8 points-7 points 10 years ago (0 children) | Copy Link

She was looking for proof rather than just making baseless accusations with no evidence? How horrible of her!

[–][deleted] 4 points5 points6 points 10 years ago (1 child) | Copy Link

"look at the BAD thing this woman did"

Well... yeah. The thing she did was illegal. Your attempt to conjure up any reason possible to excuse her plainly illegal activity runs counter to life in a society which has laws and is pathetic white-knighting of the highest order.

[+]Lurker_IV -7 points-6 points-5 points 10 years ago (0 children) | Copy Link

No, what is pathetic is taking the "breaking the law for any reason no matter what the law says makes you a bad person " position.

[–]SideTraKd 7 points8 points9 points 10 years ago (7 children) | Copy Link

If I understood the article,

You clearly didn't.

they say it was legal if she believed he was abusing the kids.

Her lawyers claimed that. The claim was rejected.

Women claim things like this all of the time, in order to get an upper hand in custody battles.

She screwed herself. She broke the law in an attempt to make sure the kids' father would be blocked from being a part of their lives.

[–][deleted] 1 point2 points3 points 10 years ago (6 children) | Copy Link

And she is getting investigated and facing charges.

That is a good thing isn't it?

[–]SideTraKd 3 points4 points5 points 10 years ago (5 children) | Copy Link

It didn't seem to me that you felt it was a good thing when you characterized it as her getting "screwed over" and us attacking a woman.

[–][deleted] 1 point2 points3 points 10 years ago (4 children) | Copy Link

Thank you. I edited my post to be more clear, copied below for your convenience so you can upvote or downvote accordingly as well.

EDIT apparently my saying he is getting screwed over had a connotation that I did not intend, but I maintain that when I posted the tone was generally attacking her. Sounds to me like she may have deserved it. BUT I maintain that we need to offer her the same benefit of the doubt we would offer a man.

[–]SideTraKd 2 points3 points4 points 10 years ago (3 children) | Copy Link

the same benefit of the doubt we would offer a man.

She's already getting more than that. If the roles had been reversed, it would be considered evidence that the man was abusive, and justification to block him from ever seeing his kids.

[–]killerbake 7 points8 points9 points 10 years ago (2 children) | Copy Link

A good dad getting brought down is all I see.

[–][deleted] 10 points11 points12 points 10 years ago (1 child) | Copy Link

SHE is being investigated, not him. They are saying he is the victim.

[–]SideTraKd 6 points7 points8 points 10 years ago (0 children) | Copy Link

And rightfully so.

[–]Vandechoz 2 points3 points4 points 10 years ago (1 child) | Copy Link

If I understood the article, they say it was legal if she believed he was abusing the kids.

Which is great to hear. I wonder if all 2-party-consent states are like that. I also wonder if they require a reasonable belief, or just a belief.

[–][deleted] 0 points1 point2 points 10 years ago (0 children) | Copy Link

I HOPE reasonable belief is required. Seems like there is some standard she failed to meet as she is still being charged.

[+][deleted] 10 years ago (1 child) | Copy Link

[permanently deleted]

[–][deleted] 0 points1 point2 points 10 years ago (0 children) | Copy Link

I assume the strength of your argument and eloquence are linked to your IQ.

So want to try again?

[+]Ted8367 -18 points-17 points-16 points 10 years ago (9 children) | Copy Link

Smith and her lawyer said that she was legally allowed to do so because she believed that her children may be in danger, which is legal under state and federal law.

Prosecutors disagreed and said that none of the alleged sexual abuse took place.

So, if she had been right about the abuse, then it would have been legal.

The husband discovered the recorder and confronted his ex-wife about it, but found another recorder in a child's coat pocket several days later.

Had he been inclined to abuse, then this would have acted as a preventative.

The legal system, in bringing these charges, is therefore increasing any danger to the child, should it exist.

In 2011 she and her father were each ordered to pay $10,000 to the ex-husband and five other plaintiffs who had been recorded by the bear, amounting to $120,000 in fines, according to Ars Technica.

Acting as a protector is not risk free. Don't get caught.

[+][deleted] 10 years ago (6 children) | Copy Link

[permanently deleted]

[+]Ted8367 -15 points-14 points-13 points 10 years ago (5 children) | Copy Link

or she just does not want him to see his kids

She would need to record some actual evidence, though. No actual wrongdoing = nothing usable in the recordings. And once he discovered the recorder, his obvious counter is to make his own recordings of everything.

[–]Dunkcity239 15 points16 points17 points 10 years ago (4 children) | Copy Link

Women don't need evidence at all. Just them saying something is enough in the courts eye. I personally know women who have lied about abuse to get restraining orders and keep fathers away from their kids

[–]Ted8367 5 points6 points7 points 10 years ago (2 children) | Copy Link

Yep. In he-said she-said conflicts, her word prevails. Also, when speaking for children, her word overrides theirs.

This is why we need recordings. Better than nothing.

[–][deleted] 1 point2 points3 points 10 years ago (1 child) | Copy Link

How is this different from Stephen Collins being recorded by his wife when he admitted to child abuse during a private visit with a councilor? I suppose eavesdropping carries more weight?

[–]Lurker_IV -3 points-2 points-1 points 10 years ago (0 children) | Copy Link

Yet this particular woman went to great lengths to have evidence before making any claims. So what do we do? Criticize her and make her out to be like all those who accuse without evidence.

[+][deleted] 10 years ago* (1 child) | Copy Link

[permanently deleted]

[–]Ted8367 6 points7 points8 points 10 years ago (0 children) | Copy Link

If you mean that you think it's more likely she hid the recorder to dig up dirt, then I agree with you.

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