Does Section 26 of the Penal Code section 2600 of the California Penal Code apply?

Since we find Penal Code section 2600 inapplicable, we must address defendant's contention the surreptitious recording of his patrol car conversation violated his right to privacy guaranteed by article I, section 1, of the California Constitution. Defendant submits his constitutional right to privacy represents a fundamental interest which cannot be breached unless the government demonstrates a compelling interest. (White v. Davis (1975) 13 Cal.3d 757, 120 Cal.Rptr. 94, 533 P.2d 222.) He asserts the police have demonstrated no

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