Sterling Tape Inadmissible in Legal Proceeding to Remove Him as Owner
Few people have a lot of compassion for Donald Sterling these days. Many are wondering whether he was the victim of a crime and what effect that may have on attempts to remove him as the Clippers owner.
California Penal Code Section 632 makes it illegal to record any confidential communication without the consent of all parties. The term “confidential communication” includes any communication carried on in circumstances that may reasonably indicate that any party to the communication desires it to be confidential.
More importantly though under Penal Code section 632(d), “ . . . no evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of this section shall be admissible in any judicial, administrative, legislative, or other proceeding.” In layman’s terms, if Donald Sterling was illegally recorded, the taped conversation would be inadmissible against him in a court of law. Assuming, Mr. Sterling fights to keep the team as everyone expects, this exclusionary rule could affect the other owner’s ability to remove him from the league.