Question
A husband and wife were having a confidential conversation, but a snoopy neighbor eavesdropped by putting an amplifying device against the wall, and heard every word. The wife was called to testify against her husband, but she legally refused under the spousal privilege in that state. The eavesdropping neighbor was then called to testify. The husband
A Will not be able to keep the eavesdropper from testifying because the presence of the eavesdropper causes the marital communications privilege to be waived.
B Will not be able to keep the eavesdropper from testifying because there is no privilege which applies.
C Will probably be able to preclude the eavesdropper from testifying because he reasonably believed his communication with his wife was confidential, and such communications are generally privileged.
D Will probably be able to preclude the eavesdropper from testifying because the eavesdropper violated his 4th Amendment rights.
This question is taken from PLGL 141 – Civil and Criminal Evidence » Fall 2023 » Quiz Chapter 13 Common Law Privileges
