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  1. #1
    Join Date
    Jun 2018
    Posts
    7

    Default Can You Record the Police in Your Apartment

    My question involves civil rights in the State of: Texas

    1. If police enter the apartment to respond to a call from one person, can the other person (whose name is on the lease) audio record the police's conversation with the caller without informing either of them? For example, placing a recorder in the room where the conversation with the other person is likely to take place, while you are yourself in another room?

    2. Related question. Can you audio record your own conversation with the police without informing them? e.g. by turning on a recorder in your pocket. This is for the conversation inside the apartment.

    Please advice. Thank you.

  2. #2

    Default Re: Record Police in My Apartment

    1. No Texas makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Texas Penal Code 16.02.

    2. Yes, same cite.

  3. #3
    Join Date
    Jun 2018
    Posts
    7

    Default Re: Record Police in My Apartment

    Quote Quoting doucar
    View Post
    1. No Texas makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Texas Penal Code 16.02.
    Even if it's inside your own residence?
    Thank you.

  4. #4
    Join Date
    Sep 2010
    Posts
    18,826

    Default Re: Record Police in My Apartment

    The police while performing the duties of their job have no expectation of privacy.

  5. #5
    Join Date
    Oct 2014
    Posts
    7,088

    Default Re: Record Police in My Apartment

    Quote Quoting flyingron
    View Post
    The police while performing the duties of their job have no expectation of privacy.
    Even so, the other people dealing with the police may have an expectation of privacy, and a third party recording that may indeed violate the federal and state wiretap laws.

  6. #6
    Join Date
    Jun 2018
    Posts
    7

    Default Re: Record Police in My Apartment

    Quote Quoting Taxing Matters
    View Post
    Even so, the other people dealing with the police may have an expectation of privacy, and a third party recording that may indeed violate the federal and state wiretap laws.
    Good points. Which is why I'm wondering if a 3rd party can record in their own residence the police conversation with another person.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,812

    Default Re: Record Police in My Apartment

    No. A third party may not record a police conversation with another person, even if it is inside their own residence.

    I hope that this is now clear to you.

    Next question, please.

  8. #8
    Join Date
    Jun 2018
    Posts
    7

    Default Re: Record Police in My Apartment

    Quote Quoting cbg
    View Post
    No. A third party may not record a police conversation with another person, even if it is inside their own residence.

    I hope that this is now clear to you.

    Next question, please.
    Thanks for clarifying.

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