Boerne, Texas v. Flores , No. An Oregon district attorney violated an inmate s constitutional rights by secretly recording his jailhouse confession to a Catholic priest, an appeals court recently ruled. Noonan said that the secret recording violated the Religious Freedom Restoration Act, the Wiretap Act and the Fourth Amendment. District Attorney Doug Harcleroad apologized to church and civil-liberties groups for threatening to use the tapes to prosecute murder suspect Conan Wayne Hale. Church officials sued when they learned of the taping.
Catholics consider the sacrament of reconciliation permanently private under all circumstances.
There are some things which are legal and ethical but are simply not right. I have concluded that tape I recording confidential clergy-penitent communications falls within the zone of socially unacceptable conduct.