Woman allegedly bugged diaper bag
Posted: July 26, 2015 - 4:00am

FARMINGTON, Utah (AP) — Electronic eavesdropping charges will stand against a woman accused of bugging a diaper bag to monitor conversations between her ex-husband and children, a 2nd district judge has ruled.

Teri Anne Smith, 37, is charged with wiretapping or intercepting electronic communications. Court documents say she recorded the conversations in 2012, the Standard-Examiner of Ogden reported (http://bit.ly/1SHHyVf ).

On Thursday, Smith's attorney, Rebecca Skordas, argued that federal and state law allows a parent to record conversations between a child and adult if the parent believes the child is in danger.

Skordas filed a motion to dismiss the charges in June, saying Smith did not break the law because she believed her children were in danger.

Deputy Davis County Attorney Richard Larsen dismissed Smith's concern about her children's safety.

"The state and the alleged victim disagree (Smith) concerning any claims of sexual abuse that was taking place," Larsen said after the Thursday hearing.

No charges have been filed against Smith's ex-husband.

Judge Robert Dale said he upheld the charges against Smith because he said there may have been other people in the home whose conversations were recorded without their knowledge.

He called putting a recording device in a diaper bag in hopes of taping a specific conversation a "shotgun approach."

Police say Smith's ex-husband found the recorder after picking up his children in February 2012. Charging documents say the man saw a vibrating red light inside the diaper bag.

He talked to Smith about the device but found another one in one of the children's coat pockets a few days later, said Police.

Smith is scheduled for another hearing on August 27.