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"Digital audio recorder in pocket..."

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  • "Digital audio recorder in pocket..."

    "...earns man wiretapping charges"
    I always thought as long as one party to the conversation agreed to be recorded, it was okay, but apparently that's a state-by-state thing. I'm glad my state wasn't listed among the ones that prohibit it. I'd hate to have to ask permission from all the dimbulb trespassers I record on my handy-dandy 4 gigabyte pen camera.
    "Well, I knew it was dangerous to walk on the track, but I didn't know it was illegal." Yup. And if those people got run over by a train, what would I do for entertainment?
    I would hope Massachusetts and the other eleven with the "permission from all parties" laws don't classify routine recording by LEOs as "wiretapping."
    --
    Capital Punishment means never having to say "you again?"

  • #2
    All parties must know about it here in CA.......BUT, you have zero expectation of privacy if you are talking with the po-po out here.....LE has an exception for recording.
    The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

    "Politicians are like diapers. They need to be changed often and for the same reason"

    "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

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    • #3
      Utah is one party consent, so as long as you know you are recording, You're fine.

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      • #4
        I wasn't surprised by some of the states on the list of those that prohibit it, but was a little surprised at others, like NH. Must be their "Live Free Or Die" thing going on.
        Good of CA to exempt LE, though.
        --
        Capital Punishment means never having to say "you again?"

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        • #5
          I like pie.............
          Last edited by Nobody; 09-18-2009, 04:22 PM.

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          • #6
            Originally posted by RR_Security View Post
            I wasn't surprised by some of the states on the list of those that prohibit it, but was a little surprised at others, like NH. Must be their "Live Free Or Die" thing going on.
            Good of CA to exempt LE, though.
            I wish the LE exemption was for all of us in Ca. - my agency isn't included in the blanket. We have to request an exception from the DA's office for either individual cases or gereric guidelines where the recordings might be used. Just a small hoop to jump through. Some of our officers have experienced intermittent problems with the off/on switches on their State-issued devices. They hit the switch but the thing doesn't turn off all the time.
            It's sure a fast end to an IA.

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            • #7
              Can anyone give a good reason for two-party states??

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              • #8
                Two party consent required here except for LE on traffic stops - and we're still required to tell them that they are being recorded.
                summer - winter - work

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                • #9
                  Iowa is a one party consent state.
                  Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                  My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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                  • #10
                    Alabama is a one party state.

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                    • #11
                      Looks like I live in a on-party state (Colorado), so WOOT! I carry a voice recorder like that in my car, but mostly so I can safely record creative ideas while driving, not because I want to record encounters with police or other citizens.
                      If I tell you what I know, I'd have to kill you. Fortunately, I don't know much.

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                      • #12
                        Originally posted by ISPY4U2 View Post
                        I carry a voice recorder like that in my car, but mostly so I can safely record creative ideas while driving . . .
                        I just had a flash of "Night Shift," with Henry Winkler and Michael Keaton:
                        Bill Blazejowski: "Wanna know why I carry this tape recorder? To tape things. See, I'm an idea man, Chuck. I got ideas coming at me all day... I couldn't even fight 'em off if I wanted. Wait a second... hold the phone! Hold the phone!" [speaking into tape recorder] "This is Bill. Idea to eliminate garbage. Edible paper. You eat it, it's gone! You eat it, it's outta there! No more garbage!"

                        Bill: "What if you mix the mayonnaise in the can, with the tunafish? Or... hold it! Chuck! I got it! Take live tuna fish, and feed 'em mayonnaise! Oh this is great." [speaks into tape recorder] "Call Starkist!"
                        --
                        Capital Punishment means never having to say "you again?"

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                        • #13
                          Originally posted by 417Lt View Post
                          I wish the LE exemption was for all of us in Ca. - my agency isn't included in the blanket. We have to request an exception from the DA's office for either individual cases or gereric guidelines where the recordings might be used. Just a small hoop to jump through. Some of our officers have experienced intermittent problems with the off/on switches on their State-issued devices. They hit the switch but the thing doesn't turn off all the time.
                          It's sure a fast end to an IA.
                          FWIW, look for a publication called Bell's Book on Bugging. It addresses all the ins and outs of recording in California. With respect to California agencies that are not specifically exempted, it discusses the broader interpretations of "confidential communication" and how to use it to your advantage and still stay within the law. After reading it, you may find that your department's interpretation of confidential communication has been a lot stricter than the law's definition and that you may have been unnecessarily restricting yourselves.

                          Bell's Book on Bugging can be found in most law libraries.
                          Going too far is half the pleasure of not getting anywhere

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                          • #14
                            L-1; Bell's Book on Bugging can be found in most law libraries.
                            Thanks. I had heard of such a reference but I didn't know the name. I'll do some reading during the medical downtime I'm going through right now.

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                            • #15
                              Nevada is a single party consent as well...

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