mom and dad are divorced. mom allegedly fills dad's brand new truck's gas tank with water. dad records phone calls between sons who are at his house with mom. mom asks boys if dad's having any trouble with his truck, and a few other interesting tidbits.

question as to whether boys knew call was recorded, but probably not. legal recording???

Alameda v. State, 235 S.W.3d 218, 224 (Tex. Crim. App. 2007) ("We hold that the doctrine of vicarious-consent applies to the consent exception of the wiretapping statute. Because the victim's mother provided the consent necessary for the affirmative defense to the statute prohibiting wire tapping, it was not a violation of Penal Code section 16.02 to record the conversations.")

Amazing what a little research could have done for me.

Thanks!

It is not enough that one parent consented. According to Alameda, to rely on the vicarious consent doctrine, there must be a finding that "the parent had an objectively reasonable, good-faith belief that consenting for the child was in the child's best interest."

What, Todd, don't you think it's in the boys best interest to find out that Mommy is a gas tank saboteur and is using her sons to find out information about her ex?