Using a Recording Device

[bwhunter65]

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. Would it be a good idea I have seen were people have done it and would seem it could be a useful tool to have. I wouldn't do it if I was in a situation were I might need to defend myself I think focusing on the situation would be the most important thing to do. Looking for some advise and tips also is there a way to upload while recording to a server that way if you cell gets taken away from you and when you get it back your recording doesn't get accidentally erased.

[DefensiveCarry.com]

[Chunkychuck]

You need to check the laws of your state regarding making recordings of the type which you are asking. In some states it is illegal to record people without notifying them. Here in Minnesota as long as I am a party to the communication I can do it without any others having to know about it.

[Mic]

I do record many conversations, including traffic stops (1 in 17 years). you never know how a conversation is going to go. There are allot that say check the local law because it may be illegal to record without permission, good advice, but that mostly applies to use as evidence in Court, or business transactions.

Let's say that you are pulled over and the LEO dose or says something inappropriate or illegal, a visit to the DA and IA department of the LE agency and provide a copy of the tape and matter resolved, if they bring charges against you ( I'm betting they wont) then a copy of the tape goes to the news.

Any time you call a costumer service line you hear that blurb about the call being recorded, you can have you phone set up the same way and would be covered by law in all states.

[ArmdDadof4]

I do record many conversations, including traffic stops (1 in 17 years). you never know how a conversation is going to go. There are allot that say check the local law because it may be illegal to record without permission, good advice, but that mostly applies to use as evidence in Court, or business transactions.

Let's say that you are pulled over and the LEO dose or says something inappropriate or illegal, a visit to the DA and IA department of the LE agency and provide a copy of the tape and matter resolved, if they bring charges against you ( I'm betting they wont) then a copy of the tape goes to the news.

Any time you call a costumer service line you hear that blurb about the call being recorded, you can have you phone set up the same way and would be covered by law in all states.

You got a link on how to set up your phone for this? Mine only lets me record 30 seconds as a memo or video...

[Phantoms]

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.

As far as citizens recording, it depends on the state. In states where yo can not legally record a conversation without the other party knowing, then inform them that you are as soon as they walk up.

[ArmdDadof4]

Even if it is not legal to record, I say do it anyway. You may not be able to use it in court, but it would sure sway public opinion when released to the media. That pressure alone on the Department or DA could get them to help you if the Officer did anything out of line.

[GM]

You got a link on how to set up your phone for this? Mine only lets me record 30 seconds as a memo or video...

Check following link, it shows a few different recording devices:

Phone Losers of America - Recording Telephone Calls

[ArmdDadof4]

Check following link, it shows a few different recording devices:

Phone Losers of America - Recording Telephone Calls

Thanks. You're great GM! Theres a slogan you never heard when the auto industry was going bankrupt. lol

[GM]

Thanks. You're great GM! Theres a slogan you never heard when the auto industry was going bankrupt. lol

You are welcome. I always have with me an Induction Coil Mic and a Olympus voice recorder; it works great with my cell phone.

[chiefjason]

Some phones with the right apps can stream audio or video to a server. Don't ask me how. I have heard some guys do it with the blackberry and Iphone types. Most of the digital recorders are small enough to wear. And don't forget you can do a Freedom of Information Act request to get audio and video from LE. If you are a member on OCDO try posting there too.

[uncballzer]

ChiefJason's right, the iphone has a app pre-installed on it now for voice memo's. It's a little slow to start up though, so you may not have time. There are others though, one called "my dictation" that I've got on mine that would work as well. You can also email yourself the sound byte.

[AKsrule]

I think some of you are confusing the act of recording or videotapingyour own conversation in a public place -

(perfectly legal anywhere )

- with tapping a phone or bugging a room in a building you do not own.

Not the same thing.

[alienbogey]

I think some of you are confusing the act of recording or videotapingyour own conversation in a public place -

(perfectly legal anywhere )

- with tapping a phone or bugging a room in a building you do not own.

Not the same thing.

Sorry, but it's very much going to matter what the law is for the given state. For example, from Washington State, RCW 9.73.030:

"(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation."

Can you have a private conversation in a public place? Certainly. If you and I are sitting on a bench in a public park, speaking one on one, is that a private conversation? Very likely it would be considered so under the law, and in Washington recording said conversation would be illegal unless I informed you I was doing it.

Lawyers get paid lots of money to argue in court over points like this, and I respectfully submit that telling people that 'recording.....your own conversation in a public place.....is perfectly legal anywhere' is poor advice.

If you want to know check your state's laws.

[TheGreatGonzo]

Even if it is not legal to record, I say do it anyway.

You might want to be careful about publicly encouraging people to commit an illegal act. In some states, it is not solely related to what can be admitted to evidence. It might be a criminally prohibited act that could result in prosecution. I also believe it is against board rules to encourage illegal acts.

In my opinion, if it is legal in your state, record whatever the heck you want to. Everybody else is recording or videotaping everything. At the very least, it should not hurt you and it might very well help you out in the long run.
Gonzo

[Orphan]

Washington State, RCW 9.73.030:

A public official, LEO, counselperson, meter reader etc in the course of his or her dutys has no expectation of privacy in a public place such as during a traffic stop or in the grocery store, park etc.

There are several court rulings that support this in Washington State, most LEOs will try to stop you if they know.

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.