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  1. #1
    Join Date
    Nov 2020
    Posts
    2

    Default Alleged Incident While Driving: Passenger Recording Driver on Cell Phone

    While driving on a federal property, an incident occurred with myself and my passenger in my vehicle. This was a private vehicle and not associated with rideshare. The passenger recorded me (the driver) with a cell phone and is using it to press a criminal charge. Unfortunately, this video does not capture their actions which led to my defensive ones.

    So, is it legal to record someone in their car. Not recording the road, but me.

    Thank you for your help

  2. #2
    Join Date
    Jun 2017
    Location
    California
    Posts
    459

    Default Re: Alleged Incident While Driving: Passenger Recording Driver on Cell Phone

    There is no law prohibiting it.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,309

    Default Re: Alleged Incident While Driving: Passenger Recording Driver on Cell Phone

    Quote Quoting CarTrouble
    View Post

    The passenger recorded me (the driver) with a cell phone and is using it to press a criminal charge.
    People don't "press charges" they report crimes. Then it's up to the authorities to decide whether to prosecute or not. What are the authorities doing in your case?

    Quote Quoting CarTrouble
    View Post

    So, is it legal to record someone in their car.
    Video is legal and would be admissible in all courts.

    However, audio may be limited depending on the following factors.

    Federal law allows a person to record audio if that person is a party to the conversation. If the charges are prosecuted in federal court then the audio portion would be admissible along with the video portion.

    If the criminal charges are prosecuted in a state or local court the audio portion would be legal and admissible in one party consent states and illegal and inadmissible in all party consent states. The video would be admissible either way.

    In which state is the criminal charge being prosecuted?

  4. #4
    Join Date
    Nov 2020
    Posts
    2

    Default Re: Alleged Incident While Driving: Passenger Recording Driver on Cell Phone

    Thank you.

    VA but federal court as it happened in a national park.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,309

    Default Re: Alleged Incident While Driving: Passenger Recording Driver on Cell Phone

    VA is a one party consent state so the audio would be admissible in federal and state courts.

    Have you been charged?

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