With the ubiquitous use of smartphones, tablets, and other devices, the ability for the average person to secretly record conversations, take video, read text messages, and emails of other persons is widespread. The desire to take advantage of such technology is especially tempting when one believes he/she may obtain evidence that will give advantage in a divorce or a contested custody fight. However, Pennsylvania, has one of the most restrictive Wiretap and Electronic Surveillance* laws in the nation, and engaging in such activity can have wide ranging consequences.
The underlying question that comes up such situations is whether the activity infringes upon a right of a privacy. The test is two pronged: Whether the person whose communication sought to be used has (or had ) a reasonable expectation of privacy in the place or thing searched, and whether that expectation of privacy is one that society recognizes as reasonable.