Are you worried about recording a confrontation?

Are you worried about recording a confrontation?

This is a discussion on Are you worried about recording a confrontation? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I'm a private citizen and have had a CCW permit for over 20 years; with thankfully nary an incident. However, I am worried about potential ...

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  1. #1
    Senior Member Array Chevy-SS's Avatar
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    Are you worried about recording a confrontation?

    I'm a private citizen and have had a CCW permit for over 20 years; with thankfully nary an incident. However, I am worried about potential legal ramifications should the need arise to utilize the weaponry in any fashion, even display only (no shots fired).

    It seems to me that it would be logical to carry a recording device that you could quickly switch on to capture all the audio that occurred during the incident. I have not yet purchased one, but am looking at something like this "stealth" pen: https://www.mp3playershome.com/shopp...y=51&parent=51

    The pen could easily be switched on as soon as you suspected something, that way you would capture virtually every word and audible action.

    My question is: how many of you guys are concerned about actually trying to record an incident? Am I just being too paranoid?

    This seems like it would be a great piece of evidence to have in court, and it would actually force oneself to be very cautious in the verbiage exchange with the potential BG.

    Thoughts?
    'Be careful, even in small matters' - Miyamoto Musashi


  2. #2
    Member Array gotammo's Avatar
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    now a days every place around has video cameras, or other people to see or hear what is happening, the only audio recording I'm concerned about is 911 tape.
    As far as in court it could be just as bad as good. Say because of auditory exclusion you didn't hear the guy say don't shoot the tape will hear it and now you have to explain why you shot someone who was begging for his life sos says the prosecutor.

  3. #3
    VIP Member Array Kerbouchard's Avatar
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    I doubt a recording that you made would be admissable in court...Private citizens aren't allowed to record anything anyone else says unless they are notified of it...it might prevent a prosecutor from charging you, but an overzelous prosecutor would just get the tape thrown out, anyway. Stick with the 911 call...that recording is admissable, and "I was on the phone with 911 and I was afraid for my life" definitely sounds better in court, than "well, at least I recorded it"
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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  4. #4
    Senior Member Array Chevy-SS's Avatar
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    So you guys are saying dial 911 first...........that's cool, but it would take a lot longer than pushing a record button on the pen.

    Any lawyers here?

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    'Be careful, even in small matters' - Miyamoto Musashi

  5. #5
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    Not a lawyer here but even if the recording wouldn't be admissable it would help me with my recollection of the shooting prior to testimony. Also regarding the recording device, some microphones will not pick up the sounds of a gunshot......wrong frequency or whatever?

    Remembering to turn it on could be a problem, especially under stress with S.A. sky high. I think it'd be great to have a tapeless recorder that you turn on, leave on, and it recorded in a loop, in other words it would continue to overwrite but always saving the last 30 minutes or so of conversation.

    I'm all for anything on my side to help my case, though I hope that day NEVER comes.
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    The time it takes to turn on a tape recording device is probably the same amount of time you will have to defend yourself...you'll have time to do one...make a choice...I know mine.

    Stay armed...stay safe!
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  7. #7
    Member Array Detachment_Charlie's Avatar
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    Cool

    Not a lawyer, thank God, but one who has had to know the legalities of audio recording of conversations. Each state has its own laws and each is slightly different; consult an attorney regarding your state laws. Surprisingly, in many states, only one party needs to be aware of a recording, and that can be the person doing the recording.
    I have a small digital audio recorder in my car on the visor. I don't get stopped by the cops often, but each "conversation" is recorded on the advice of my attorney. YMMV.
    What if the Hokey-Pokey really is what it's all about?

  8. #8
    Member Array top_gizmo's Avatar
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    I would have to pass on this one, it's cost out weighs the benefits. You could get a much cheaper device I am sure.

    I do know an MP that saved his butt when he recorded a stop. The Officer he stopped made up a wild story and they went before his CO. The MP played the tape and that was all she wrote.
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  9. #9
    VIP Member Array Rob72's Avatar
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    Quote Originally Posted by BerneyG View Post
    I doubt a recording that you made would be admissable in court...Private citizens aren't allowed to record anything anyone else says unless they are notified of it...it might prevent a prosecutor from charging you, but an overzelous prosecutor would just get the tape thrown out, anyway. Stick with the 911 call...that recording is admissable, and "I was on the phone with 911 and I was afraid for my life" definitely sounds better in court, than "well, at least I recorded it"
    Depends on the State law- Oklahomans are allowed to record a conversation as long as one of the involved parties is aware of the recording. IE, I can record a conversation between you and I and it is admissable in court; if you use my telephone (which is "tapped") and call your friend and you are not aware of my recording device, I could not use it against you, your friend, etc..

    A recording can make you look really good, or really bad, and if the press gets it, it won't make any difference- witness Rodney King, the "victim"... if you don't see the first 10 secs of video.

  10. #10
    Senior Member Array Ragin Cajun's Avatar
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    Personally, I wouldn't. It can hurt you probably more then help you. Having a recording can make it look premeditated. You also would want to becareful and think about what you are saying while on the phone with 911. Just my 2 cents.

  11. #11
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    When I was a LEO it was my practice to carry then, a micro cassette recorder in my shirt pocket, there are much smaller devices today. I would click it on as I approached the driver of a stopped vehicle and say for instance, "do you know why I stopped you"? The person stopped might have said, "you mean that stop sign I just rolled through"? It ended many ticket cases in court! So recording an encounter couldn't hurt but in most cases of violent encounter, I don't think you'll have time to remember to hit the switch!

    If you record an encounter, the recording is yours to do with as you please... you don't have to use it!

    (Let your attorney decide)
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  12. #12
    VIP Member Array friesepferd's Avatar
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    i think you carrying a recording device and turning it on right as a confrontation happens would seem like it could almost be used against you more than for you

  13. #13
    Senior Member Array wvshooter's Avatar
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    If you ever get into a situation that causes you to draw your gun you're probably not going to be thinking about anything other than getting your weapon out. You might think about the pen later but you're not going to think about it during the event. The brain blocks out everything but surviving during a real emergency. Time slows down, your concentration is totally focused. If you can get your weapon out cleanly, good. That's about all you can hope to be able to do.

    This is also why I always have a round chambered and if the weapon I'm carrying has a safety I will always carry it with the safety off. This is also why I'm afraid of single action only handguns for carry. I don't want to be the loser because I forgot to disengage the safety.

  14. #14
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    Good points wvshooter...

    Plus, if you have time to think about recording, do you have time to avoid the situation all together?
    ALWAYS carry! - NEVER tell!

    "A superior Operator is best defined as someone who uses his superior
    judgement to keep himself out of situations that would require a display of his
    superior skills."

  15. #15
    Senior Member Array Chevy-SS's Avatar
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    Quote Originally Posted by friesepferd View Post
    i think you carrying a recording device and turning it on right as a confrontation happens would seem like it could almost be used against you more than for you
    Interesting comment here. IMO, carrying a recorder demonstrates extra responsibility and prudence. After all, why would I carry a recorder if I knew (or suspected at all) that I would be the instigator of an incident?

    I am basically as scared of legal complications as I am of a dangerous confrontation. So I would like to hedge my bets by being prepared for the life/death fight itself, but also being cognizant of the subsequent life/death battle (in court) to follow. The first battle is to avoid physical harm, the next battle is to avoid fiscal harm..............

    -
    'Be careful, even in small matters' - Miyamoto Musashi

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