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  • Recording Conversations

    I came across this reply on another forum that I am a member of and found this guys reply to the question if a cop can record a private citizen at a traffic stop then can a citizen record the cop. The URL below for anyone interested has some statues. Frankly I was amazed at the rulings involved and the LAPDs use of the recording non charged detainees had smoke coming out of my ears.

    This post is not about cops but about a screwy law. Keep in mind that these suspects are innocent until proven guilty in a court of law have the right to reasonable assumption. In this case they have the right to assume that their conversation is private when alone.


    "Re: Recording Conversations
    I don't know if the same laws apply there in New England but out here on the west coast, the police are allowed to secretly tape (audio and video) people. There is no expectation of privacy while talking with the police. Although that only works one way. Citizens are not allowed to secretly tape us.

    Many of our officers on LAPD use tape recorders, myself included. Much of it started right after the Rodney King incident. Lots of people started accusing us of using the N-word so many officers started carrying pocket tape recorders. This would help adjudicate false personnel complaints.

    As far as using tape recorders for incriminating purposes, we would sometimes hide a pocket tape recorder in the back of our patrol car and then place two or three suspects in the back seat and tell them, "Don't talk!" Of course, as soon as the doors would close, they would talk like crazy, mostly about whatever crime we had them stopped for. It was great and all very legal. You would think the same rules would apply there as they do here but not always. If you do find that it's legal there, I would highly recommend it."

    http://www.masscops.com/forums/showthread.php?t=7930
    Last edited by Chucky; 03-03-2007, 01:22 AM.
    THE AVERAGE RESPONSE TIME FOR A 911 CALL IS FOUR MINUTES
    THE AVERAGE RESPONSE TIME FOR A .357 MAGNUM ROUND IS 1400 FEET PER SECOND?
    http://www.boondocksaints.com/

  • #2
    Some where buried in these forums I posted a link that had each individual states laws on this. Hell if I know where it is now.


    **edit**

    As i have no life on a Friday nite i searched til i found the link here ya go hope it helps

    http://www.rcfp.org/taping/states.html
    Last edited by GCMC Security; 03-03-2007, 02:41 AM.

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    • #3
      The PD I worked for had recorders installed in all of the cruisers. If I had an unruly person in the back, I would turn it on to record his abuse verbal behavior. We just advised the person that they were being recorded.

      It came in handy. Once while transporting a subject to post bond on a traffic stop, he was from out of state (Chicago), and kept trying to give me $50 to forget the ticket. I kept telling him no and he kept insisting. I finally told him that I was going to audio record him. He kept trying to bribe me and was all caught on tape. I charged him and during this trial - played the tape for the jury.
      Retail Security Consultant / Expert Witness
      Co-Author - Effective Security Management 6th Edition

      Contributor to Retail Crime, Security and Loss Prevention: An Encyclopedic Reference

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      • #4
        1. Most states are "one-party consent" states, which means that only one party to a conversation needs to consent to taping, and one would presume that the officer does consent.

        2. The recording of many types of conversations that occur in public does not even fall under taping laws in most jurisdictions. Just as you can photograph anyone in public without their permission, you can record "public utterances", in which no one can have any reasonable expectation of privacy.

        3. As always with anything of this sort, everyone is advised to get advice from their corporate counsel as to how, and under what circumstances, any sort of recording can be done.
        "Every betrayal begins with trust." - Brian Jacques

        "I can't predict the future, but I know that it'll be very weird." - Anonymous

        "There is nothing new under the sun." - Ecclesiastes 1:9

        "History, with all its volumes vast, hath but one page." - Lord Byron

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        • #5
          Originally posted by GCMC Security
          Some where buried in these forums I posted a link that had each individual states laws on this. Hell if I know where it is now.
          **edit**
          As i have no life on a Friday nite i searched til i found the link here ya go hope it helps

          http://www.rcfp.org/taping/states.html
          Nice site. Only a few states came right out and said all parties must consent. Most the others are one person consent. So if someone puts a recorder under my bed it is ok because he knows it's there??? Just don't seem right as the Colorado law below in its own way is a might bit weird. A felony to overhear someones phone call! That being the case we all would be in jail.

          Colo. Rev. Stat. § 18-9-303: Recording or overhearing a telephone conversation, or any electronic communication, without the consent of a party to the conversation is a felony punishable by a fine of between $1,000 and $100,000 and one year to 18 months in jail. Recording of a communication from a cordless telephone, however, is a misdemeanor. Colo. Rev. Stat. § 18-1.3-401.
          THE AVERAGE RESPONSE TIME FOR A 911 CALL IS FOUR MINUTES
          THE AVERAGE RESPONSE TIME FOR A .357 MAGNUM ROUND IS 1400 FEET PER SECOND?
          http://www.boondocksaints.com/

          Comment


          • #6
            Originally posted by GCMC Security
            Some where buried in these forums I posted a link that had each individual states laws on this. Hell if I know where it is now.


            **edit**

            As i have no life on a Friday nite i searched til i found the link here ya go hope it helps

            http://www.rcfp.org/taping/states.html
            Life what is that? I've never heard of that before.
            Todd

            Comment


            • #7
              Originally posted by Chucky
              Nice site. Only a few states came right out and said all parties must consent. Most the others are one person consent. So if someone puts a recorder under my bed it is ok because he knows it's there??? Just don't seem right as the Colorado law below in its own way is a might bit weird. A felony to overhear someones phone call! That being the case we all would be in jail.

              Colo. Rev. Stat. § 18-9-303: Recording or overhearing a telephone conversation, or any electronic communication, without the consent of a party to the conversation is a felony punishable by a fine of between $1,000 and $100,000 and one year to 18 months in jail. Recording of a communication from a cordless telephone, however, is a misdemeanor. Colo. Rev. Stat. § 18-1.3-401.
              Your bed is not a public place, though. They'd be committing offenses getting from the street into your bed.
              Some Kind of Commando Leader

              "Every time I see another crazy Florida post, I'm glad I don't work there." ~ Minneapolis Security on Florida Security Law

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