If a husband and wife speak in confidence but in public and believe they cannot be heard by a third party,but speak loudly such that if there were a third party present the conversation could be overheard,the marital communications privilege does not apply if a third party overhears the conversation.

Question

Quizplus · Accepted Answer

The marital communications privilege only applies to confidential conversations between a husband and wife where there is a reasonable expectation of privacy. If they speak loudly in public and could be overheard by a third party, then there is no expectation of privacy and the privilege does not apply.

If a Husband and Wife Speak in Confidence but in Public