Calling someone accidentally by inadvertently pressing a button (or touch screen) on a cell phone can be a nuisance, but so-called “butt-dialing” is something we’ve all done at one point or another. Most of the time, the call is cancelled or otherwise ended and no issues arise.
But other times, as our West Palm Beach and Hollywood criminal defense lawyers know, the call is recorded and the content of the call is used against the person who made the call. Such a situation was at issue in the case of Huff v. Spaw (2015), which we will explore in this blog post. In the case, a federal court ruled that your butt dials aren’t private.
Specifically, if you butt dial someone and they hear you on the other end disclosing certain information, that information can be used against you. According to the federal judge presiding over the case, cell phone owners know the dangers of butt dialing and should take precautions to prevent it from happening; if they fail to take such precautions, it’s their own fault.