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Name: People v. Loyd
Case #: S092653
District CalSup
Opinion Date: 05/06/2002
Subsequent History: None

The secret monitoring and recording of an inmate’s nonprivileged jail conversations with nonattorney visitors, solely for the purpose of gathering evidence, is not prosecutorial misconduct. DeLancie v. Superior Court (1982) 31 Cal. 3d 865, was superseded by 1994 amendments to Penal Code section 2600, which allows monitoring which serves reasonable penological interests. Since gathering evidence of a crime is such a purpose, California law now permits law enforcement officers to monitor unprivileged communications.