Using a Recording Device - Page 2

Using a Recording Device

This is a discussion on Using a Recording Device within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by bwhunter65 OK not sure were I should of post this but here goes. Do any of you record yourself if you are ...

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Thread: Using a Recording Device

  1. #16
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by bwhunter65 View Post
    OK not sure were I should of post this but here goes. Do any of you record yourself if you are being stopped by on LEO or anyone else by record I mean using your cell phone.
    In Oregon, I know of folks who have been strung up by their toes (legally speaking) for doing it.

    As others have pointed out, you need to know the laws that apply to you, in your state.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
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  2. #17
    New Member Array georgio's Avatar
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    I have this page i keep a print out of at home. Maybe it can help some people.

    "Can We Tape?"

  3. #18
    Ex Member Array kwikrnu's Avatar
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    It is legal to record in Tennessee. I don't record with the cell phone only a dvr. It has came in handy both times I have needed it.

    The police record also. I have gotten police dispatch, complaint calls, my own calls, and in car video from information requests. Just make sure the request goes in immediately and do not count on them as they can be erased or lost.

  4. #19
    Member Array J400Cali's Avatar
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    I didn't record it but once when I was pulled over by a LEO I pushed talk on my cell phone and my mother-in-law was on the phone and heard everything. Long story short I was arrested for carrying a concealed weapon within a vehicle (I stored my gun improperly). They found out where it was because I was honest and told them that I had guns in my car when they asked me to step out. The officer lied on his police report and my mother in law was an audio witness to what she heard. His story didn't match mine and her story did. She told her story to the police station before me and her got a chance to talk so it couldn't have been rehearsed. The officer was since fired from that department but I'm not sure how much this situation had to do with it.

  5. #20
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by georgio View Post
    I have this page i keep a print out of at home. Maybe it can help some people.

    "Can We Tape?"
    That's an interesting summary. On that web site, there is also the individual states' summaries as well.

    For Oregon, it references ORS 165.540 (1)(c), which states that a person may not:

    ORS 165.540(1)(c) Obtain or attempt to obtain the whole or any part of a conversation by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, if not all participants in the conversation are specifically informed that their conversation is being obtained.
    Seems to indicate that, if in Oregon you're stopped by LEO and are surreptitiously running a recording device on that conversation, you're in violation of ORS 165.540 and subject to arrest and charge on a Class A Misdemeanor.

    This pretty much matches a recent case I'm aware of from 2009, in which someone I know recorded himself being stopped/interviewed by LEO while being stepped on for (legally) openly carrying. The only thing that stuck was, IIRC, a charge of recording without informing.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

  6. #21
    Member Array bwhunter65's Avatar
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    OK on NC you can tape your conversation as long as one person knows so I guess if I hit record I know. Lots of people get confused with wire tapping. So know I have my phone set and I can video record my conversation and it will automatically send the recording to an internet storage just in case my phone gets lost
    Uly
    Americans have the will to resist because you have weapons. If you don't have a gun, freedom of speech has no power.

    -- Yoshimi Ishikawa, Japanese author, in the LA Times 15 Oct 1992

  7. #22
    Member Array Gearslammer's Avatar
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    In CT you can tape people without them knowing just as long as you are part of that conversation. Found this out through a Lawyer during a suit that I was involved in, when I should of had a recording device.....go figure always find out that about something helpful after the matter. I am now looking for one for my truck that also takes vids.

  8. #23
    Member Array bwhunter65's Avatar
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    that would be nice to have one mounted on my truck or car
    Uly
    Americans have the will to resist because you have weapons. If you don't have a gun, freedom of speech has no power.

    -- Yoshimi Ishikawa, Japanese author, in the LA Times 15 Oct 1992

  9. #24
    Ex Member Array maddyfish's Avatar
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    Quote Originally Posted by Phantoms View Post
    The LEO is usually recording (video and voice). If there is something during the stop that would necessitate contacting superiors, a court action, etc. then contact the supervisor on duty immediately after the stop and request that the recording be kept.

    .
    So, I am suppsed to trust the cops that have already done something illegal or inappropriate to keep a recording? NOT.
    I have a dig recorder on my sun visor, and can (and have) activated my cell dig cam in case of a stop.

  10. #25
    Senior Member Array Chevy-SS's Avatar
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    Quote Originally Posted by Orphan View Post
    ..........I think all LEOs should be required to wear a audio vidio device at all times they are on duty. That would keep the LEOs in bounds and save a lot of court costs. It would be hard for a criminal to say I didnt do it if its on tape. the perfect win win situation.

    Yeah, I have been saying the same thing for many years. It is a win-win for the LEO's and for the citizens. It would end many frivolous complaints against officers, and would encourage the officer to act professionally at all times. Private citizens are at a great disadvantage when it comes to LEO confrontations. If anything goes wrong, the courts will most always side with the officers testimony. If there was a audio/video recording of the incident, I betcha it would settle virtually all those cases without the "he said - she said" LEO vs citizen credibility battle.

    I think it would take too long to activate your cell phone for the audio recording. I have often thought about carrying a discrete recording device, similar to this, which can be deployed much faster: 640x480 USB Pen Spy Camcorder/Web Camera with 8GB Memory/Hidden Camera(LSW001) - US$ 68.99

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

  11. #26
    VIP Member Array Eagleks's Avatar
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    Here, it is legal to record any conversation in which one person in the conversation agrees to being taped. As long as you are involved in the conversation, you can legally record it... at least here.

    I've even been to court on that issue, and 3 people decided it was in their best interest to recant their testimony and tell the truth. ... or the tapes got listened to by the Judge and DA ... for perjury charges to be filed against them.

  12. #27
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    Recording Device??

    I have the capability but have not had a stop to use it. Hands free Mic that sits on a table or car console and has auto sensing mic. I am next ready to install a Video camera to back that up. Just installed 8 Video Cameras at my home community. 4 at the front gate, only way in or out, with pictures of every car front and rear TAG entering and leaving and 4 more to enter the Pool, restrooms and tennis courts. All timed to match the Entry Codes you push to go into these areas. Nothing is missed. It only took 8K for the cameras and recorders and 4K for the Trilogy 3 Locks. I can place Full Color Prints of Suspicious persons at the Exit Box to the street....
    Praise the Lord my Rock, who trains my hands for war, my fingers for battle --- Psalm 144
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  13. #28
    VIP Member Array mlr1m's Avatar
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    "Can We Tape?"

    This item on Okla refers only to taping. Are there different regulations involved when using video? I think we all have seen the famous videos where people filming police have been ordered to give up their cameras.

    Michael

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