Evidence Obtained From “Butt Dialed” Calls Can Lead to Arrest or Civil Liability

“9-1-1, what’s your emergency?” No one answered, but the 9-1-1 operator heard evidence concerning a crime in an inadvertent call to 9-1-1, colloquially called a “butt dialed” call, but more formally called “pocket dialing” by the courts.  

The operator in New Jersey heard a man and his accomplice talk about breaking into homes, emptying drawers, and stealing household goods, according to an AP report from last Friday. This evidence was used to indict the man on burglary charges, according to NJ.com reports. A police report allegedly indicates that jewelry, electronics, $11,300 in bonds, and a handgun were recovered. 

In a recent decision, the Sixth District Court of Appeals found that a man on vacation in Italy has no privacy rights in his conversation that occurred on a balcony in Italy, when he inadvertently pocket dialed a number and the recipient recorded a  conversation the man was having with a friend where they were discussing a potential employment termination at a U.S. company. The recipient of this call was in the U.S. and she took notes, and recorded part of the call, which is being offered as evidence in a civil lawsuit for discrimination.  (See, Huff and Huff vs. Spaw (6th Cir.  2015), decided on July 21, 2015, Case No. 14-5123.)   

Because inadvertent calls can be made at the most awkward moments, Lisa Brownlee, a contributor to Forbes magazine, recommends a call confirmation program, like Call Confirm, to prevent accidental calls. She writes that this app prevents a single accidental tap from dialing a number because a second affirmative tap is required to confirm that you intend the call to go through. 

Otherwise, she recommends that the best solution is to power off the phone while not in use to prevent inadvertent calls. 

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