When I worked in California, it was legal to record conversation between the recording party and whomever, as long as it was "known" that the party being recorded was aware within reasonable means of the conversation being recorded. What this meant, was the Security Officers had an audio recorder case (even matching the duty belt style) on the front of their belt, with or without a mic extension, and could be put on vioce activation. This was all that was needed. As the Security Officer approached a subject and started talking, the recorder kicked off, and since it was attached to the front of the duty belt, and could be viewed easily, that was plenty enough to be considered "Known".
I need to find out Colorado's laws concerning this. For one reason primarily, and that is to assist my officers in training and to hear for myself the conversation between a violator and my officer, then I can approach a subject a re-state his exact words to him, when the violator attempts to denie what he said. Word power basically. When a subject is aware they have been recorded or their exact words are recited back to them from a previous conversation, it tends to limit the subject in contesting an issue.
I am not sure I would ever need it for a court proceeding, so that may help since I have no intentions in running some one through the embarrasment of lying as the courts tend to take our side pre-trial. I will peak around!
Good question. The issue is that the recorder is concealed when its in your pocket. Does Illinois allow a recorder if its in plain view, and you are on property that you control?
I originally approached this issue the same as the video survelliance systems, as long as it is visable, or a sign is posted, you are as good as gold, but dont quote me on that, as I may be wrong, and really will check into this!
Now, here is what I am really curious about on this whole topic.. If the law does state that it is not admissable evidence, or can be used against another without permission from both parties, can a recorder still be used for internal department only purposes?
I couldnt imagine it being against the law for you just to stick a tape recorder in your pocket and record stuff. What about all those hidden camera TV shows?
"Alright guys listen up, ya'll have probably heard this before, Jackson vs. Securiplex corporation; I am a private security officer, I have no State or governmental authority. I stand as an ordinary citizen. I have no right to; detain, interrogate or otherwise interfere with your personal property-... basically all that means is I'm a cop."-Officer Ernie
"The Curve" 1998
I can't imagine it being "illegal" in any state. Now I can understand the states forbiding the use of the tapes as evidence, but not make it a crime.
The state of Washington says you may tape record anyone. Providing you are in a public place where no expectation to privacy exsists. Tapping phone lines is a big no-no in this state.
This is the same state where our lovely suprem court ruled that it was OK for a person to video tape or take pictures up a girls skirt providing she was in public. So a girl can walk down the street and someone can put a camera on their shoe (common here) and snap pictures up their skirt, because there is no expectaion of privacy . You gotta love the legal system in the State of Washington .
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