Topeka Man Suing City, Police For Illegally Recording Conversation

By: 13 News
By: 13 News

TOPEKA, Kan. (WIBW) - A Topeka man is suing the city of Topeka and two police detectives he said illegally recorded a conversation he had with his attorney.

Justin Tomson's attorney filed the suit June 6 in federal court.

It says Tomson was brought to police headquarters in December of
2011 to be interviewed about an incident about his vehicle striking another vehicle.

Tomson claimed he asked for his attorney to be present during the interview so detectives read him his Miranda Rights and left the interview room.

Tomson claims he then called his mother and his attorney and talked about the incident, and after that, was charged with aggravated battery.

Tomson filed a four count lawsuit, asking in excess of $75,000 plus court costs, because his conversation was recorded.

He accuses the city and detectives with violating his constitutional rights, illegal eavesdropping and invasion of privacy.

Tomson did attempt to file a claim with the city for $100,000 dollars but council minutes for March 12, 2013 indicate the claim was denied.

13 News examined case law from Florida which said a person cannot expect privacy in a police interview room unless meeting with an attorney.


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