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  1. #1
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    Sep 2012
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    Default Legal to Record Video and or Audio when Inside a Business

    My question involves criminal law for the state of: California

    If a business has said one thing to you and lied about it later with an intent to misrepresent the facts in order to defraud, would it be legal to record video and or audio when at the business during future interactions where there would be a strong probability of the same behavior? This would be inside the building of the business, but in an open area where anyone could see and or overhear.

  2. #2
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    Default Re: Legal to Record Video and or Audio when Inside a Business

    Can you get permission from each and every single person present?

  3. #3
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    Default Re: Legal to Record Video and or Audio when Inside a Business

    A lot depends on the expectation of privacy. If the conversation is such that it can easily be overheard, then there would be a diminished expectation of privacy and would not generally be seen as a "confidential communication" and may well be legally recorded. If, however, the conversation is between you and another party and could be seen as a "confidential communication," that can be different. Though, I have to ask, if you felt that you were ripped off in the business once before, why would you EVER consider going back? I suspect your motives might be seen as solely vengeful and any "evidence" you might obtain might be seen as having been designed to manipulate (entrap?) the other party in some way.

    The safe answer is, "No. Recording an otherwise confidential communication without the permission of the other parties would be unlawful."

    Read this: http://leginfo.ca.gov/cgi-bin/displa...0&file=630-638

  4. #4
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    Default Re: Legal to Record Video and or Audio when Inside a Business

    Also don't forget it is private property. If they become aware of your recording, they have every right to tell you to stop. If you don't, they then have every right to tell you to get out and not come back. If you don't, they have every right to call the police to have you escorted out/arrested.

  5. #5
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    Default Re: Legal to Record Video and or Audio when Inside a Business

    Can the communication be considered confidential if anyone else in the building can hear the conversation? Including employees and other customers? This is in the building, but once it is in the building, it is NOT behind closed doors, it is in the open where anyone strolling in would hear the whole thing. And if I bring a friend or 2 friends or 3 friends with me they would hear and see everything, there's nothing confidential about it

    And the ONLY reason I am going back is because they have my property for an ongoing project. I don't have a choice in the matter at this stage

    If they became aware of the recording and asked for it to stop, obviously, the recording would stop.
    But if they don't become aware of a recording going on? If they lie later on and the recording proves it as a lie, is there a strong risk for my party?

    Of course they would not consent, it wouldn't allow them to misrepresent the situation later on for their own benefit

    Thank you all

  6. #6
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    Default Re: Legal to Record Video and or Audio when Inside a Business

    Quote Quoting corlamy
    View Post
    Can the communication be considered confidential if anyone else in the building can hear the conversation? Including employees and other customers?
    It CAN be, but it certainly takes a lot of wind out of such an argument.

    This is in the building, but once it is in the building, it is NOT behind closed doors, it is in the open where anyone strolling in would hear the whole thing. And if I bring a friend or 2 friends or 3 friends with me they would hear and see everything, there's nothing confidential about it
    Then why record it?

    Remember, if this were to go to trial - whatever the issue is - a jury will have to consider you a victim. If you go in and try to lead someone down the path of ripping you off, you are not going to look very good.

    If they became aware of the recording and asked for it to stop, obviously, the recording would stop.
    But if they don't become aware of a recording going on? If they lie later on and the recording proves it as a lie, is there a strong risk for my party?
    You risk losing the "evidence" of the recording, AND, you run the risk of going to jail.

    I would seek the advice of an attorney before trying this.

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