Recording police stop may be illegal! - Page 3

Recording police stop may be illegal!

This is a discussion on Recording police stop may be illegal! within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by farronwolf Naive, really? Have you ever had a bad experience with a LEO that would require you record it? If so, what ...

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  1. #31
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    Quote Originally Posted by farronwolf View Post
    Naive, really?

    Have you ever had a bad experience with a LEO that would require you record it? If so, what brought it about. If not, why do you assume you will have one?

    The only experiences I have had in the past nearly 20 years is when they came to my office for my services, stopped by my house when I was outside and they were on patrol, at our National Night Out Parties, or when they responded to calls I made because of auto burglaries, auto accidents, or theft from my office. Any reason I would need to record the video or audio on those things?



    Just because it hasn't happened yet to you, doesn't mean it cant'/won/t..

    The family of Henry Glover, 31 is probably thank-ful they did not need video to corroborate what happened to their son.
    Was he completely innocent, probably not, but did he deserve what he got???
    New Orleans police jailed for Katrina shooting - ABC News (Australian Broadcasting Corporation)

    Two New Orleans police officers have been given lengthy prison sentences for shooting and burning the body of a man in the chaos that followed Hurricane Katrina in 2005.

    AND.

    On Sept. 4, 2005, prosecutors say police shot and killed 17-year-old James Brissette and 40-year-old Madison and wounded four others, all of whom were unarmed, on the Danziger Bridge. In a cover-up, officers initially said they were under fire when they shot at civilians

    Taken from; Ex-New Orleans Cop Michael Hunter Sentenced for Post-Katrina Danziger Bridge Shooting


    What are the police in fear of????
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  2. #32
    Senior Member Array justherenow's Avatar
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    Quote Originally Posted by kb2wji View Post
    The California Supreme Court recently ruled that an officer can "search" the contents of a cell phone without a warrant. There are a few jurisdictions outside of Ca that are following suit.
    Great thing about State Supreme Courts, they only really impact their own states. In a 2009 case State v. Smith here in Ohio the court ruled that a warrant was needed to search a cell phone as a cell phone is considered a closed container.
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  3. #33
    Member Array mkphillips's Avatar
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    Tennessee is a single party state, but how can it be wiretapping when you are standing in a public place? If that is the case then all these cctv on buildings (if they they have audio and some do) would be wiretapping.

  4. #34
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    Quote Originally Posted by mkphillips View Post
    Tennessee is a single party state, but how can it be wiretapping when you are standing in a public place? If that is the case then all these cctv on buildings (if they they have audio and some do) would be wiretapping.
    I have wondered the same thing mkphillips.
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  5. #35
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    Quote Originally Posted by AKsrule View Post
    I call BS - video recording a Govt. Employee on the job interacting with you on a Public street has NO relationship to private conversations , wiretapping, or phones.

    JUST LIKE A CELEBRITY - they have NO EXPECTATION of PRIVACY

    Find me a court ruling anywhere that proves me wrong.
    Some states (e.g. Florida) mention the exception that a conversation held in public does not have the expectation of privacy and can be recorded by anyone (don't have to be a party to the conversation) but not all of the 'both parties' state do...

    Here's the link to the recording that started things off:

    http://www.youtube.com/watch?v=Z-vUYeJXSrA
    Last edited by DoctorBob; April 2nd, 2011 at 04:50 PM. Reason: add link

  6. #36
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    Some states differentiate between audio (only) and video (with audio) recordings. This is why we need to know our local laws. While it may be perfectly legal to record someone without knowledge or permission with a video camera with a wireless mic. like many LE agencies do, recording only audio (like with a pocket recorder) may require the consent of all parties involved.
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  7. #37
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    These laws need to be clarified and updated. Everyone has a cell phone camera these days and that is a good thing.

    My state, Washington State, makes it illegal to record communications without consent of both parties. A hearing impaired person could stand in front of a video only security camera on the public sidewalk and communicate via sign language. A crime would be committed by the operator of the camera...silly (maybe they should go stand in front of the red light traffic cameras!)

    I would like to see the video and audio recording law similar to taking photographs. If you are on your own property, on public property, or have the permission of a property owner, you can record anything you can see or hear. No consent required.
    "a reminder that no law can replace personal responsibility" - Bill Clinton 2010.

  8. #38
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    Don't recall any LEO asking me, "Excuse me, sir, do you know why I stopped you, and do you consent to being recorded on my dash cam?"

    Sometimes things just ain't right.
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  9. #39
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    Quote Originally Posted by mkphillips View Post
    Tennessee is a single party state, but how can it be wiretapping when you are standing in a public place? If that is the case then all these cctv on buildings (if they they have audio and some do) would be wiretapping.
    Cell phones, like household remote phones, transmit signals in the open, unlike landlines, which must be tapped. Cells and remotes can (and are) picked up by other phones on the same frequency, and courts have ruled that users of such have no expectation of "privacy" that a wired system would provide. Picking up these open signals is not wiretapping.
    Retired USAF E-8. Lighten up and enjoy life because:
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  10. #40
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    My take on this is if the police can record you with the cameras in their cruisers, people should be able to record a police encounter too.
    "[A]rms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them."

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  11. #41
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    Quote Originally Posted by DoctorBob View Post
    A recent thread on Glocktalk.com involved a person who was stopped for open carry in Philthydelphia and recorded his encounter with the police. Sounds like a reasonable precaution to protect your rights in court, doesn't it?

    A discussion on the Armed Citizens Legal Defense Network pointed out that some states make this a felony punishable by 5 years in prison.

    What about your state? Do you think that public encounters with law enforcemnt (public employees) should be recordable?? Would you record an encounter with a LEO?

    In some states ALL parties to a conversation must give consent to recording; in others, only one party must give consent.

    For info on your state, check out State Law: Recording | Citizen Media Law Project
    The part that get's you isn't the actual "video" it's the "spoken word" or the "audio". Here in Virginia as long as one party is involved in the conversation it's totally LEGAL and fine..same goes for phone conversations. Some state's say that's even illegal, I think Maryland is one that is liberal like that as well that's why that guy who made those "ACORN" hidden video tapes to uncover those crooks who work in those entitlement offices was being threated by the District Attorney until Fox News told that moron that those amateur video journalist were hero's and to treat them like criminals would be a mistake and the DA backed off and elected to not prosecute. I also think most states in DIXIE are the same way, you have to be part of the conversation to do the taping if not it's illegal wire taping.
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  12. #42
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    Quote Originally Posted by OldVet View Post
    Cell phones, like household remote phones, transmit signals in the open, unlike landlines, which must be tapped. Cells and remotes can (and are) picked up by other phones on the same frequency, and courts have ruled that users of such have no expectation of "privacy" that a wired system would provide. Picking up these open signals is not wiretapping.
    I don't want to spend my gun talk" time looking up "case law" like I regularly do at work but you are wrong about that one. Sure you are right that no expectation of privacy exist but if the person who records it makes any kind of profit and is not part of the conversation it is illegal. In other words I have a scanner, i hear chordless phone calls all day long amongst people and I'm not in violation, but if I somehow profit by using the information for personal gain not even really money but some other form of favor it can be a violation of the wire tapping laws. You are part of the convo" you should be good to go though..another example of that remember "Linda Tripp" scum bag taping 'Monica Lewenski" talking about Slick willie's "willy" and she taped it then sold a bunch of books? They didn't and couldn't charge her because she was part of the conversation but when she started writting books about it not only did they look at charging her they assisted Monica in the civil lawsuit. I'm not fan of Bill don't get me wrong but that Linda Tripp was a scum bag.
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  13. #43
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    Quote Originally Posted by DoctorBob View Post
    A recent thread on Glocktalk.com involved a person who was stopped for open carry in Philthydelphia and recorded his encounter with the police. Sounds like a reasonable precaution to protect your rights in court, doesn't it?

    A discussion on the Armed Citizens Legal Defense Network pointed out that some states make this a felony punishable by 5 years in prison.

    What about your state? Do you think that public encounters with law enforcemnt (public employees) should be recordable?? Would you record an encounter with a LEO?

    In some states ALL parties to a conversation must give consent to recording; in others, only one party must give consent.

    For info on your state, check out State Law: Recording | Citizen Media Law Project
    Not only would that be ok in Virginia we do it ourselves. Every stop I make is being recorded in most cases and the one's I can't get on Video away from my car I have a mobile microphone built into the car system that I can activate with remote control so I can use everything taped in court against you so you have the right to do the same thing and I actually expect in most cases when I talk to people I'm being recorded especially on a traffic stop with everyone having cell phones not just voice record but video as well and I'm totally ok with it because I have nothing to hide in the way I perform my duties.
    If you can read this thank a teacher. If it is written in English thank a Marine.

  14. #44
    Senior Member Array bbqgrill's Avatar
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    Here is an example of why police need to be recorded, the woman is a State Police Lt she unreasonably bullies this homeowner. YouTube - DelDOT removes basketball hoop [Delaware Online News Video] Regardless of the basis for the encounter, the cop handled herself very poorly, abusive.
    "To believe that social reforms can eradicate evil altogether is to forget that evil is a protean creature, forever assuming a new shape when deprived of an old one." - SAT

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  15. #45
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    Quote Originally Posted by bbqgrill View Post
    Here is an example of why police need to be recorded, the woman is a State Police Lt she unreasonably bullies this homeowner. YouTube - DelDOT removes basketball hoop [Delaware Online News Video] Regardless of the basis for the encounter, the cop handled herself very poorly, abusive.
    Watching that video pi$$ed me off so bad.

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