Are Dash Cams Legal

[jk]

But as taxing matters reminded me previously;

to invoke the interest of the Feds there usually has to be much more than what is being discussed here.

[cdwjava]

If you are THAT concerned about your car being dropped off with people you don't know, it sounds like you need to find new people to service your car.

[Taxing Matters]

But as taxing matters reminded me previously;

to invoke the interest of the Feds there usually has to be much more than what is being discussed here.

I would not recommend deciding to violate the federal law because you think prosecution is unlikely, however. The prosecution guidelines in the Attorney General’s Manual make it clear that for the wiretap violations it is up to the prosecutors discretion whether to pursue it. A lot will depend on the specific facts and the priorities of the particular U.S. Attorney’s office that would prosecute it. Here, unless the OP is a professional of some sort (and we have no information on that) the feds might well just leave the matter up to the state to prosecute. Even so, you need to take the federal law and possibility of prosecution into account.

[jk]

The first thing is for the Feds to file charges they would have to be aware of some crime. Unless op is under surveillance by the Feds currently or the recording involved a federal agent or employee or the business involved is similar associated with the federal government the reality of the situation is the Feds won't even know about the possible crime.

So would it be possible? Sure. Is it likely, not unless something I addressed above applies.

[L-1]

The reason I asked is many years ago I got a call to take a theft report at a bus station. On arrival I determined the theft pertained to baggage involved in interstate commerce.

I called the FBI to see if they wanted to handle the matter. They declined to even take a report because at the time, the US Attorney was only handling cases where the loss was $5,000 or greater and the loss in this case was significantly less than that. Back then, $5,000 was the equivalent of around $28,000 in today's money.

The whole point is there's the law and then there's reality. Just because something technically meets the elements of a Federal crime doesn't mean anyone is going to write paper on it, let alone prosecute it.


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[Taxing Matters]

The first thing is for the Feds to file charges they would have to be aware of some crime. Unless op is under surveillance by the Feds currently or the recording involved a federal agent or employee or the business involved is similar associated with the federal government the reality of the situation is the Feds won't even know about the possible crime.

So would it be possible? Sure. Is it likely, not unless something I addressed above applies.

You missed one other big possibility: someone who knows the federal law reports the violation to the feds. For example, the car shop tech finds out he was audio recorded illegally, gets ticked off, and reports it to the DA and the FBI hoping either the state or the feds will go after him. That is, after all, how a lot of crimes get revealed to the government. I agree with both you and L-1 that it might not be likely that you get prosecuted (which is true even with the state law in this circumstance, really). It was certainly worth pointing that out. But I would hope you are not advocating that someone knowingly break a federal law betting that the feds would likely never find out about it or prosecute it. If you agree as I do that the law should be followed even if it is unlikely that you’ll be caught then you’ll understand why I brought up the federal law in the first place. It’s important to know all the law that applies, not just the state law.

[vbx]

If you are THAT concerned about your car being dropped off with people you don't know, it sounds like you need to find new people to service your car.

No, I have a dash cam for driving purposed due to idiots on the streets.

The part of where I can monitor the Service tech is just a bonus. But since it may be illegal, I'll just disable the audio recording when I drop off the car.

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But, if it's illegal, how can the media install hidden cameras in cars to spy on Jiffy Lube and other mechanics? And then call them out and make a TV show out of it.

[jk]

Not sure where you are from nor what sort of clientele you have dealt with but the first thing in a auto mechanics mind is not going to be calling the fbi.

In in the world down here you call the cops. Heck, most people think the fbi is some magical entity that just shows up when there is a crime they would investigate.

and of course I'm not advocating breaking any law. I'm just being realistic about the chances the Feds being involved.

[Taxing Matters]

Not sure where you are from nor what sort of clientele you have dealt with but the first thing in a auto mechanics mind is not going to be calling the fbi.

Some won’t think to call the FBI. But there may be some that would. Depends in part how ticked off the person is. I've seen some pretty ticked off people over the course of my years in practice, and there are some who will report something to anyone and everyone whom they think might possibly be able to do anything about it. I mean, I’ve seen really angry divorcing spouses report all kinds things to the feds on the off chance the feds will do something because they want to everything in their power to make the ex pay for whatever wrongs they think the ex did to them. Perhaps the people in your area have a different degree of sophistication about what the feds do than they do here. Here, not everyone thinks of the feds as some remote magical entity that never impacts them.

[cdwjava]

As one who has had to deal with the FBI, I believe I can say with confidence that they wouldn't remotely consider getting involved here. While I agree that it may be theoretically possible, the feds aren't going to pay this any attention - especially since there is no cross-jurisdictional angle, no terror aspect, no large money issue involved, and no serious civil rights allegations. It is an act covered quite adequately under state law. It takes a lot to get anything more than a return phone call from the feds when it involves a crime that is also clearly a state matter as well.

Personally, this seems to be a lot of worry and concern ... I simply don't see the advantage to mounting, maintaining, and concerning myself with such a video and audio system - especially when it can also be used against you almost as easily as t can be used on your behalf! I'd wager it catches you in a number of acts that are technically unlawful, doesn't it?