Can You Record a Traffic Stop in California

[Daxum]

I wasn't sure where to post this question none of the forums really seemed to fit this subject. If i'm in the wrong place, then my apologies.

I'm considering buying a camera for my car so that I can record traffic problems in my area. I see a lot of people doing stupid stuff on the road and I want to record it and make informational videos.

As a secondary use I'd like to have the camera available to record a traffic stop when/if I'm involved in one. I've been reading up on the legality of this and there is a lot of conflicting information out there.

As I understand California Penal Code 632 Section C states:

(c) The term "confidential communication" includes any
communication carried on in circumstances as may reasonably indicate
that any party to the communication desires it to be confined to the
parties thereto, but excludes communication made in a public
gathering or in any legislative, judicial, executive or
administrative proceeding open to the public, or in any other
circumstance in which the parties to the communication may reasonably
expect that the communication may be overheard or recorded.

In my mind, this means that the two party consent for recording a "confidential communication" excludes a traffic stop. On the grounds that a.) the traffic stop occurs in a public place. b.) I reasonably expect the officers involved in the stop to be recording the conversation.

Is this sound logic or am I reading this code completely wrong?

[jk]

you can record your interactions with the police.

it should be without fear of being charged for crime but there appear to be a lot of police that still think they have the right to demand a person stop recording them; generally, the don't.

[flyingron]

It's been decided that a police officer performing his duties has no expectation of privacy. You don't need consent to record him.

As long as your filming is not interfering with what he is doing you are free to do so.

[cdwjava]

Ditto ... yes, you can record an officer in CA. However, as was mentioned, the method of your doing so cannot interfere with or delay the officer in any way. Shoving a camera in his face while he is contacting you is likely to result in your detention in handcuffs for the duration. But, if it is mounted and operating, knock yourself out.

Though, the odds of your being stopped by the police are remote even if you DO break the law. But, if you go around regularly breaking the law you might increase the potential of these contacts.

[Daxum]

TY for the answers.

Just wanted to clarify that my purpose for doing this is strictly just to protect myself. I'm not trying to impede or interfere in any way.

[cdwjava]

It has never occurred to me that I might have to mount an in-vehicle video system to protect myself from anyone - much less the police.

And recording people doing "stupid stuff" for "informational videos" ... really?

[huntsab]

You will always believe that you are not an anomaly, despite evidence to the contrary.

[cdwjava]

The odds of anyone being stopped even if they do commit a traffic offense is minuscule - smaller, even, that the officer is going to commit some horrible malfeasance in the course of the traffic stop. And the odds of witnessing some bizarre traffic aberration in front of you that might need to be recorded is even more minuscule. It seems silly to spend time mounting and maintaining a video system in one's car unless one intends to seek out and create circumstances that might draw attention (and conflict) to themselves. Otherwise, all that effort might simply provide fodder for local car thieves as they see something worth stealing in the car!

[flyingron]

A lot of people put cameras in the car for lots of reasons other than trolling for traffic stops. You never no what you're going to catch...anything from someone doing something hilarious to spectacular wrecks or even airplane crashes. Turning the camera 90 degrees on a traffic stop isn't outside the realm of reasonableness.

I've seen some really spectacular wrecks I kind of wished I had the dash cam going on....

I'll put it in words a ex-cop can understand: It's kind of like driving your police car around with cameras on it (or scanners that read license plate numbers).
Might not ever catch anything, but you might catch something interesting.

[cdwjava]

A lot of people put cameras in the car for lots of reasons other than trolling for traffic stops. You never no what you're going to catch...anything from someone doing something hilarious to spectacular wrecks or even airplane crashes. Turning the camera 90 degrees on a traffic stop isn't outside the realm of reasonableness.

I've seen some really spectacular wrecks I kind of wished I had the dash cam going on....

I'll put it in words a ex-cop can understand: It's kind of like driving your police car around with cameras on it (or scanners that read license plate numbers).
Might not ever catch anything, but you might catch something interesting.

Of course, the officer is LOOKING for that kind of stuff and it is his job to respond to those incidents. Outside of work, I can think of less than a half dozen incidents in 36 years of driving that would have been remotely interesting for anyone to have seen.

It simply seems a waste of time and money ... but, hey, it's not my time or money.