Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Feb 2010
    Posts
    233

    Default Police Recording a Conversation

    My question involves police conduct in the State of: CA

    If a LEO is at you residence investigating a case file envolving you, and they're Recording the conversation without your knowledge or consent, can the recording be used as evidence against you? (providing of course you were not mirandized, because you're not under arrest)

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,287

    Default Re: Police Recording a Conversation

    Quote Quoting NCC 1701
    View Post
    My question involves police conduct in the State of: CA

    If a LEO is at you residence investigating a case file envolving you, and they're Recording the conversation without your knowledge or consent, can the recording be used as evidence against you? (providing of course you were not mirandized, because you're not under arrest)
    Yes.

    There is no expectation of privacy when you are involved in a conversation with the police. Many officers (myself included) regularly record most such interviews. My recorder is in my breast pocket and can be activated without anyone knowing it. No legal issues at all.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Jan 2010
    Location
    Oregon
    Posts
    123

    Default Re: Police Recording a Conversation

    just another reason to tell them to talk to your lawyer. even if you somehow made it so the judge denied it as evidence then they could just write down what you said as spontaneous utterance or any of a hand full of reasons to allow what you say to be in court mirandized or not.

  4. #4
    Join Date
    Feb 2010
    Posts
    233

    Default Re: Police Recording a Conversation

    Now does that play both ways? In CA, if I'm in conversation with a LEO or anyone else for that matter, can I record our conversation without their consent or knowledge?

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,287

    Default Re: Police Recording a Conversation

    Quote Quoting NCC 1701
    View Post
    Now does that play both ways? In CA, if I'm in conversation with a LEO or anyone else for that matter, can I record our conversation without their consent or knowledge?
    While I have never known of a case in CA where a party to such a police contact has been charged or sued for recording a contact with a police officer, I suppose the argument could be made under the right circumstances. In general, I doubt a CA court would see such a recording by a party of an official police contact as unlawful.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Feb 2010
    Posts
    233

    Default Re: Police Recording a Conversation

    Quote Quoting cdwjava
    View Post
    Yes.

    There is no expectation of privacy when you are involved in a conversation with the police. Many officers (myself included) regularly record most such interviews. My recorder is in my breast pocket and can be activated without anyone knowing it. No legal issues at all.
    That's strange, I came across this; maybe I'm reading it wrong, or it doesn't apply to LEO?

    California Wiretapping Law
    California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation. See Cal. Penal Code 632. The statute applies to "confidential communications" -- i.e., conversations in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation. See Flanagan v. Flanagan, 41 P.3d 575, 576-77, 578-82 (Cal. 2002). A California appellate court has ruled that this statute applies to the use of hidden video cameras to record conversations as well. See California v. Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989).

    If you are recording someone without their knowledge in a public or semi-public place like a street or restaurant, the person whom you're recording may or may not have "an objectively reasonable expectation that no one is listening in or overhearing the conversation," and the reasonableness of the expectation would depend on the particular factual circumstances. Therefore, you cannot necessarily assume that you are in the clear simply because you are in a public place.

    If you are operating in California, you should always get the consent of all parties before recording any conversation that common sense tells you might be "private" or "confidential." In addition to subjecting you to criminal prosecution, violating the California wiretapping law can expose you to a civil lawsuit for damages by an injured party. See Cal. Penal Code 637.2.

  7. #7
    Join Date
    Jan 2010
    Location
    Oregon
    Posts
    123

    Default Re: Police Recording a Conversation

    it doesnt apply to LEO or state/fed's doing investigations.

    The funny thing is that a cop can walk in and secretly records the conversation no problems. Now even if he stated he has stated there is recording going on and YOU secretly record it, you would be in a sling for wiretapping!!

    fun isnt it


    look up youtube about videotaping police and it gets fun, you can take pictures as long as it doesnt interfere with their investigation, not interfering with their investigation can mean being out of the way sometimes to not being seen by the LEO's, up to their discretion.

    A bunch of cops in Portland got busted for harassing beating people up and a lot of cameras were on them, they started harassing and beating up the people taking pictures.
    want a lawsuite against the force? find a cop in a physical altercation with a suspect, this way his adrenaline is way up. Dont announce yourself, dont use a flash and just take pictures from no closer then 30 feet. now IF he bites act stupid and keep taking pics, if he is polite then move farther out of the way but still get the shots. Once he tells you to do something and you dont do it he will turn his aggression on you, still stay way out of the way but not exactly where he told you to go. This way everybody hearing the story can say, he did move, the cop was unreasonable.
    NOW hear is where the planning comes into affect, you need someone from a further distance video taping this, if the cop comes and starts pushing you around or takes your camera or pulls your memory stick have it on tape.
    you wont get much but it could make the news.

  8. #8

    Default Re: Police Recording a Conversation

    Cop Baiting real smart JKH

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,287

    Default Re: Police Recording a Conversation

    Enterprise (NCC 1701), I'm not at a computer, but check penal code section 633 for the peace officer exception.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #10
    Join Date
    Feb 2010
    Posts
    233

    Default Re: Police Recording a Conversation

    CA PC 633:

    Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits
    the Attorney General, any district attorney, or any assistant,
    deputy, or investigator of the Attorney General or any district
    attorney, any officer of the California Highway Patrol, any chief of
    police, assistant chief of police, or police officer of a city or
    city and county, any sheriff, undersheriff, or deputy sheriff
    regularly employed and paid in that capacity by a county, police
    officer of the County of Los Angeles, or any person acting pursuant
    to the direction of one of these law enforcement officers acting
    within the scope of his or her authority, from overhearing or
    recording any communication that they could lawfully overhear or
    record prior to the effective date of this chapter.
    Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders
    inadmissible any evidence obtained by the above-named persons by
    means of overhearing or recording any communication that they could
    lawfully overhear or record prior to the effective date of this
    chapter.



    OK I got all that, so any variety of LEO as mentioned above can record a conversation, but my query is; around "consent" am I to assume that because it doesn't say "must have consent" , the individuals listed don't need to have consent?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Privacy Crimes: Recording a Conversation
    By cattledog in forum Criminal Charges
    Replies: 2
    Last Post: 03-02-2009, 08:49 PM
  2. Privacy Crimes: Recording a Telephone Conversation
    By speedlabel in forum Criminal Charges
    Replies: 4
    Last Post: 10-17-2008, 07:41 PM
  3. Privacy Crimes: Recording a Phone Conversation
    By HURTING in forum Criminal Charges
    Replies: 8
    Last Post: 04-17-2007, 11:49 AM
  4. Privacy Crimes: Conversation Recording Law
    By myfind2006 in forum Criminal Charges
    Replies: 2
    Last Post: 08-06-2006, 10:33 AM
  5. Privacy Crimes: Recording a Conversation
    By rfsciarrone in forum Criminal Charges
    Replies: 3
    Last Post: 03-14-2006, 04:47 AM
 
 
Sponsored Links

Legal Help, Information and Resources