LGSCONLAW_W3_A3

Assignment 3: Graded Weekly Assignment: Analyzing the Secret Recording Case

Privacy rights have become quite ingrained within our society. We do not often look favorably on having those rights violated. Here, you will have the opportunity to put yourself in the shoes of an individual who believes that his right to privacy has been violated through recorded conversations created without his consent.

Janet works at a federal agency in Maryland as a secretary to Michael. She tells her friend, Susan, about Michael's inappropriate behavior. She feels that he has been hitting on her. Susan decides to secretly tape Janet and Michael's conversation. Later Susan hands the tape over to the federal prosecutor. Michael is already under scrutiny because he is suspected of fraud in the office. Although the tape is not yet released to the public, the news of the taped conversation spreads fast, and the media questions Michael.

Michael comes to your law firm. He wants to initiate litigation against Susan. Michael wants to know if the secret taping of his conversation with Janet was unlawful and if the prosecutor was eligible to act as a “special” prosecutor because of being appointed by a federal court.

Research Maryland law, and find out whether the claims have legal basis: Does taping without permission violate Maryland law?

Find an Article in the Constitution where you might find an answer to Michael's second complaint.

Are his claims to be decided by the federal court? If yes, what relief can Michael expect? If no, where should he go?

Prepare a brief of 700 words in Microsoft Word for the attorney that covers your findings for the attorney. In your opinion what are the actions that Michael should take.

On a separate page, cite all sources using the Bluebook format.