Sixth Circuit Rules That 'Pocket Dials' May Not Be Entitled To An Expectation Of Privacy

In a move that may strike fear into the hearts of mobile phone owners everywhere, the Sixth Circuit recently ruled that a person's "pocket dials" - those inadvertent calls made from a person's mobile phone, generally when the phone is in its owner's pocket, and alternatively referred to as "butt dials" - may not be entitled to an expectation of privacy.

The facts of the case read like a nightmare scenario for those many mobile phone owners who already live in fear of making an accidental call to the wrong person at the wrong time. The plaintiff was the Chairman of the Kenton County, Kentucky Airport Board. While on a business trip to Italy, he inadvertently "pocket dialed" his colleague, the Senior Executive Assistant to the CEO of the Cincinnati/Northern Kentucky International Airport. During the 91-minute pocket dial, the Chairman and a colleague discussed personnel matters, including whether or not to replace the airport CEO. Meanwhile, the assistant listened to and even recorded part of the call, and took notes on what was being discussed. The assistant later argued that she believed she heard the Chairman and his colleague conspiring...