Audio Recording of Neighbor Buying and Selling Drugs

My question involves criminal law for the state of: WA

About a month ago I had some very sketchy folks move in below where I live. At first there was just one nice girl that moved in there and I introduced myself and everything seemed fine. About a week later, her boyfriend showed up and basically "moved in" (this is a 1 bedroom unit by the way) along with his friend. Ever since then, they have been extremely loud, come over to my place on three occasions asking if I knew where to buy Molly, Crack and Ecstasy. People have been coming and going all hours of the night as well. I called the police once already because I thought they may have been squatting in her house or broke in, because I hadn't seen her in days. The LEO told me that although these guys were a bunch of "gang bangers" and were very upset and crazy when the he showed up, that they weren't doing anything wrong. I was just making sure that the girl was okay because it seemed completely out-of-character for where we live.

Today, one of them was talking to a dealer outside in their fenced in patio. I sat my phone inside my house next to my open window and recorded a 7 minute long audio only conversation in regards to where Molly and something else was purchased. I don't believe I violated any laws - the recording device was in my house, and they were talking outside in the open where just about anyone could have heard them walking by.

My question I guess is what should I do at this point? Police or landlord? I'm not sure if I have damming evidence enough to go to the police, but my landlord would probably evict them immediately knowing that they have been conducting illegal activities on the premises (clearly against our lease agreement).

What would you do?

Thanks

So, you want to admit to somebody that you quite possibly committed a crime by surreptitiously recording a conversation without the participants knowledge?

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Quoting jk

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So, you want to admit to somebody that you quite possibly committed a crime by surreptitiously recording a conversation without the participants knowledge?

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http://www.palmvid.com/content/suppo...recording.html

washington is a 2 party state ... so the recording is useless and potentially harmful to you.

your statement to the police should be enough to get the ball rolling.

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Quoting jk

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So, you want to admit to somebody that you quite possibly committed a crime by surreptitiously recording a conversation without the participants knowledge?

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http://apps.leg.wa.gov/RCW/default.aspx?cite=9.73.030

Washington state law requires that the conversation be "private" in nature and then you are violating the law to record them. When two people are talking inside a fenced area outside next to a busy street and I am able to hear them walking down a public street (across the street I might add) clear as day because they are talking so incredibly loud, I hardly see that as private.

It is questionable whether or not the recording was made legally. It would depend on whether the recorded conversation was a “private” communication where the participants had a reasonable expectation of privacy. However, even if the recording was legal, it is unlikely that the cops would take any action as it appears that no crime was actually committed. Simply talking about where to buy illegal drugs, without any illicit transaction actually occurring, is not illegal. Whether or not the landlord would take any action is up to the landlord and what is written in the rental agreement.

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Quoting PTPD22

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It is questionable whether or not the recording was made legally. It would depend on whether the recorded conversation was a “private” communication where the participants had a reasonable expectation of privacy. However, even if the recording was legal, it is unlikely that the cops would take any action as it appears that no crime was actually committed. Simply talking about where to buy illegal drugs, without any illicit transaction actually occurring, is not illegal. Whether or not the landlord would take any action is up to the landlord and what is written in the rental agreement.

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Well.. in the conversation, an exchange of funds and actual drugs take place clearly audible (molly). Also the tenant talks about his store of illegal pills and other drugs that he has on the premises. Again, he was talking so loud you could hear him across the public street.

Given that others may have a different interpretation of how private the conversation was, you should discuss the details with a lawyer in your state. There is some case law guidance on what constitutes a "private conversation", see, e.g. State v Flora and the cases it cites.

Note, you can also report the substance of the conversation to your landlord and to the police without disclosing that you have a recording.

Realistically, police aren't going to bring any charge based on your recording, because ultimately the prosecutor's office isn't going to be able to GET that recording into evidence. Any 1st year law student should be able to get it tossed out as inadmissible (for multiple reasons).

What the recording MIGHT do is "inspire" police to become more interested in the activities occurring there, and to undertake investigations of their own, where the evidence can be properly collected, documented, kept within a chain of custody, and preserved (which is what prosecutors want before they'll bring a charge using that evidence).

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Quoting notaloafer

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http://apps.leg.wa.gov/RCW/default.aspx?cite=9.73.030

Washington state law requires that the conversation be "private" in nature and then you are violating the law to record them. When two people are talking inside a fenced area outside next to a busy street and I am able to hear them walking down a public street (across the street I might add) clear as day because they are talking so incredibly loud, I hardly see that as private.

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the expectation of privacy is the issue. If they were in a location where there was nobody around and then intended the conversation to be private, that may be adequate to invoke the law.

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About a month ago I had some very sketchy folks move in below where I live. At first there was just one nice girl that moved in there and I introduced myself and everything seemed fine. About a week later, her boyfriend showed up and basically "moved in" (this is a 1 bedroom unit by the way) along with his friend. Ever since then, they have been extremely loud, come over to my place on three occasions asking if I knew where to buy Molly, Crack and Ecstasy. People have been coming and going all hours of the night as well. I called the police once already because I thought they may have been squatting in her house or broke in, because I hadn't seen her in days. The LEO told me that although these guys were a bunch of "gang bangers" and were very upset and crazy when the he showed up, that they weren't doing anything wrong. I was just making sure that the girl was okay because it seemed completely out-of-character for where we live.

Today, one of them was talking to a dealer outside in their fenced in patio.

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so that patio for the downstairs unit is across the street? Sounds like a very odd layout.

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(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:

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(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.

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(3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.

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You are really taking the term private quite liberally.

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[2, 3] Although the term "private" is not explicitly defined in the statute, Washington courts have on several occasions construed the term to mean:

secret ... intended only for the persons involved (a conversation) ... holding a confidential relationship to something ... a secret message: aprivate communication ... secretly; not open or in public.

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so, the first part of that clearly addresses a conversation that was not intended to be heard by others. The last suggests the fact it was in public (although I would argue that if they believed they were not being listened to, they did have an expectation of privacy) would have caused it to not require they be made aware of your actions.

Your call. Is it worth fighting this in court to prove your point? As another said; just what do you think is going to happen due to the conversation? Do they even identify themselves? What actual law was broken during their conversation?

I honestly don't care about prosecuting them or anything like that. I have nothing against what they're doing, just the fact that they're very sketchy people and I don't want to deal with them trying to break into my apartment or cars in the parking lot, which I believe has already happened once since they showed up. I just want them gone. Maybe the landlord route is the best way to go.

What I meant by my statement is although I recorded from my living space, they were talking so loud that before when I was outside coming home, I could hear them talking across the street.

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Quoting notaloafer

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Well.. in the conversation, an exchange of funds and actual drugs take place clearly audible (molly). Also the tenant talks about his store of illegal pills and other drugs that he has on the premises. Again, he was talking so loud you could hear him across the public street.

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so, on an audio tape you have proof of an exchange of funds and drugs?



simply put; nothing in your recording would be adequate to prosecute. You can speak with your landlord, even without the recording. I would doubt the LL would take any greater action if he heard the recording over you simply speaking with the landlord but you can try.

I may just go the landlord route. Again I didn't think I had anything to go on with the police, but my landlord is a total square and chances are he isn't going to sit around and let stuff like that happen.

How about calling the police or the local drug task force and providing them information as to the location and the parties involved and the substance of the conversation that you overheard. That way THEY can set up what they need to in order to make a case and they never really have to know you have a recording if you don't want them to. And, there may very well be laws in WA that permit this recording into evidence because of either the criminal nature or the fact that you could overhear it where you had a lawful right to be. But, you never have to tell the cops you have a recording if you simply tell them you overheard it. They will not act solely on your account, but, intel is intel ... it might be that the information can help the cops roll up some bad people.