Recording Device = Wiretapping?

Recording Device = Wiretapping?

This is a discussion on Recording Device = Wiretapping? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; On another forum, someone posted a link to this article . I know it is not directly related to CCW, as it was used during ...

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Thread: Recording Device = Wiretapping?

  1. #1
    Senior Member Array RemMod597's Avatar
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    Recording Device = Wiretapping?

    On another forum, someone posted a link to this article.
    I know it is not directly related to CCW, as it was used during a phone/office discussion, but could bad juju come down on a CCWer/OCer using a recording device, as is often recommended?


    Anti-gun billionaires + Low info voters = Passage of Washington I-594


  2. #2
    Member Array xikle's Avatar
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    Short answer, probably. I'm no laywer though.

    To be on the safe side just get permission, preferably written permission stating that it is ok to record the conversation.

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    Senior Member Array RemMod597's Avatar
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    Let's take this scenario: You are OCing and are stopped by the police. Do you inform the police that you are recording the interaction and request their permission to continue?


    Anti-gun billionaires + Low info voters = Passage of Washington I-594

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    VIP Member Array cvhoss's Avatar
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    IANAL. (disclaimer posted)

    It depends on the state you live in.

    "Can We Tape?"

    The individual in the link was in Massachusetts. Consent of both parties required.

    Hoss
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    Member Array MgoBlue's Avatar
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    Here in Kentucky, I can readily turn on my digital recorder without notifying the other party.

    As an aside, that ACORN video of the Baltimore staffers offering advice to the "pimp" and "prostitute" was legal by Maryland standards, since it was a video recording and not simply an audio recording.

    Know your state laws!

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    Member Array Huzar's Avatar
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    Quote Originally Posted by cvhoss View Post
    IANAL. (disclaimer posted)

    It depends on the state you live in.

    "Can We Tape?"

    The individual in the link was in Massachusetts. Consent of both parties required.

    Hoss
    Also there are some fed regulations regarding that as well.

  7. #7
    Senior Member Array RemMod597's Avatar
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    Quote Originally Posted by cvhoss View Post
    IANAL. (disclaimer posted)

    It depends on the state you live in.

    "Can We Tape?"

    The individual in the link was in Massachusetts. Consent of both parties required.

    Hoss
    Thanks for that link! Very informative!


    Anti-gun billionaires + Low info voters = Passage of Washington I-594

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    VIP Member Array automatic slim's Avatar
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    When I was an LEO, I carried a recorder in my shirt pocket and recorded every interaction I had with the public. It was dept. issued and every other officer did the same.
    The dash cams in police cars do the same thing and record the video aspect too.
    The SCOTUS ruled that to record a phone conversation only one party has to be aware it's being recorded.
    "First gallant South Carolina nobly made the stand."
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    VIP Member Array cvhoss's Avatar
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    Quote Originally Posted by Huzar View Post
    Also there are some fed regulations regarding that as well.
    Federal regulations require only one (participating) party notification. The real gray area comes in when you cross state lines in a telephone conversation between a one party state and a two party state.

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  10. #10
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    Also, INAL.

    However, I have it on good authority that here in Virginia, such recording is legal, as long a one party to the conversation is aware that the conversation is being recorded.

    It is a commonly recommended, by many in the RKBA community, for those carrying in certain jurisdictions.

    I don't carry such a device, everyday. However, when traveling in come areas....

    Check out "pen recorders" on the net.
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    Member Array nova83tx's Avatar
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    Did the OP even read the article that he posted to the forum. Right in the article it told you in which states you had to inform all parties.

    "In 12 states (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington) you're required to get the permission of all parties on the line before making any kind of recording. In the rest of the country, any single member that's part of the conversation can legally record it without consent from the other parties."

    I live in Texas, so no worries here, but I would imagine if I lived in MA where this happened, there would be an easy workaround. If I was at the auto service center, I would have said beginning the conversation : "I need to inform you that this conversation is being recorded on an audio device."

    My guess is that this gives you their consent, then the guy would have been in the clear. If you need to get their explicit permission, you could change your phrasing too : "Would you mind if I record this conversation so I can remember all the details later?"

    Know your state laws, simple as that.
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    Just say at the beginning of the conversation that is may be recorded for training purposes...

    Every place I call has that at the start of the call.
    02PSD4ME

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    VIP Member Array Eagleks's Avatar
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    It's BS.... here, it is legal to tape any conversation as long as "one" of the people in the conversation approve it. If you are in the conversation and recording it, obviously you approve it being taped.

    I had an argument with 6 atty's in a case on this, and they all went and relooked up the law and came back and said "you're right". The tapes went into evidence and proved the State Agent was lying thru her teeth and committed perjury. She was given a chance to change her testimony or face perjury charges.... she changed her testimony and admitted everything she had said on the stand was a lie.

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    I have an IC Chip Recorder attached to the visor of my vehicle and I fully intend to record any traffic stop I might ever have.
    ALWAYS carry! - NEVER tell!

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    Member Array Bm7b5's Avatar
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    Quote Originally Posted by nova83tx View Post
    Did the OP even read the article that he posted to the forum. Right in the article it told you in which states you had to inform all parties.

    "In 12 states (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington) you're required to get the permission of all parties on the line before making any kind of recording.
    Well...it depends. WA state is included in that list, but it is legal for a citizen to record his interaction with a police office performing his official duty without informing the officer (e.g. recording an arrest).

    68 Wn. App. 802, 845 P.2d 1355, STATE v. FLORA
    Last edited by Bm7b5; September 12th, 2009 at 02:02 AM. Reason: changed with to without
    A traffic ticket is formal recognition of a lapse in situational awareness.

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