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Offlinech1ck3n.s0up
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Legal to record police encounter?
    #18083785 - 04/09/13 07:29 PM (11 years, 1 month ago)

Is it legal to record an encounter with the police without telling them?

It's very simple... there's apps to record out there. If I have a police encounter, can I start recording and toss my phone into my shirt pocket? Another option might be a pen recorder.

One could also set up an answering machine, and put a number on speed dial. During a police encounter, simply speed dial, and everything will be recorded to the remote machine. The two advantages of this technique are first, the recording would be remote from the phone, and couldn't be "lost," and second, you could always claim that you were calling to check your messages, and when the cherries came on, you "forgot" that the line was called, and it went to the answering machine.

Video would be the ultimate, but it's pretty unrealistic to expect a cop to let you film... unless you were to install a camera in the car and flip it on during the encounter.

Would this recording then be admissible in court as evidence?


--------------------

"Inspiration ~ Move me brightly ~ light the song with sense and color ~ hold away despair ~ more than this I will not ask ~ faced with mysteries dark and vast ~ statements just seem vain at last" --Jerry Garcia, Terrapin Station

"Officer, I'm going to remain silent, and I would like to speak with a lawyer. I'm not resisting, but I don't consent to any searches.

Edited by ch1ck3n.s0up (04/09/13 07:33 PM)

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OfflineAlan RockefellerM
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Re: Legal to record police encounter? [Re: ch1ck3n.s0up]
    #18083795 - 04/09/13 07:32 PM (11 years, 1 month ago)

It is legal to record the police in 38 states. 

Here's a pretty good recent article on the subject

http://reason.com/archives/2012/04/05/7-rules-for-recording-police


Quote:

The law in 38 states plainly allows citizens to record police, as long as you don’t physically interfere with their work. Police might still unfairly harass you, detain you, or confiscate your camera. They might even arrest you for some catchall misdemeanor such as obstruction of justice or disorderly conduct. But you will not be charged for illegally recording police.

Twelve states—California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington—require the consent of all parties for you to record a conversation.



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Offlinech1ck3n.s0up
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Re: Legal to record police encounter? [Re: Alan Rockefeller]
    #18083805 - 04/09/13 07:35 PM (11 years, 1 month ago)

I don't mean as an outside observer... I mean as the subject of a police stop.

In the time between being pulled, and when the cop walks up to the window, you won't be able to whip out your camera and set up a tripod, but you'll be able to hit the "record" app on your phone, or touch the "record" button on your audio-recording pen.


--------------------

"Inspiration ~ Move me brightly ~ light the song with sense and color ~ hold away despair ~ more than this I will not ask ~ faced with mysteries dark and vast ~ statements just seem vain at last" --Jerry Garcia, Terrapin Station

"Officer, I'm going to remain silent, and I would like to speak with a lawyer. I'm not resisting, but I don't consent to any searches.

Edited by ch1ck3n.s0up (04/09/13 07:35 PM)

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Offlinech1ck3n.s0up
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Re: Legal to record police encounter? [Re: ch1ck3n.s0up]
    #18083879 - 04/09/13 07:52 PM (11 years, 1 month ago)

Great article. Did you see this vid?


Holy %^$@ talk about risking getting heat.

In my state, I would definitely get a hassle of some form if I tried any of this isht.

What he didn't say was what his ringtone was. I imagine that old "UFCK THE POLICE" tune? Who was that by?



--------------------

"Inspiration ~ Move me brightly ~ light the song with sense and color ~ hold away despair ~ more than this I will not ask ~ faced with mysteries dark and vast ~ statements just seem vain at last" --Jerry Garcia, Terrapin Station

"Officer, I'm going to remain silent, and I would like to speak with a lawyer. I'm not resisting, but I don't consent to any searches.

Edited by ch1ck3n.s0up (04/09/13 08:07 PM)

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InvisibleKing of Pain
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Registered: 01/25/12
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Re: Legal to record police encounter? [Re: ch1ck3n.s0up]
    #18084217 - 04/09/13 09:00 PM (11 years, 1 month ago)

Quote:

ch1ck3n.s0up said:
"UFCK THE POLICE" tune? Who was that by?





N.W.A.

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InvisibleNewfoundFreedom
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Registered: 05/06/04
Posts: 1,915
Re: Legal to record police encounter? [Re: ch1ck3n.s0up]
    #18089509 - 04/10/13 09:09 PM (11 years, 1 month ago)

Quote:

ch1ck3n.s0up said:
I don't mean as an outside observer... I mean as the subject of a police stop.

In the time between being pulled, and when the cop walks up to the window, you won't be able to whip out your camera and set up a tripod, but you'll be able to hit the "record" app on your phone, or touch the "record" button on your audio-recording pen.




As posted before it depends on what state you're in. There are separate laws governing audio recording and video recording.

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InvisibleAdden
I'm a teapot
Registered: 06/04/03
Posts: 39,201
Loc: Flag
Re: Legal to record police encounter? [Re: NewfoundFreedom]
    #18090667 - 04/11/13 05:11 AM (11 years, 1 month ago)

We have separate state laws for recording police violence, but we can't have separate state laws for marijuana.

:cookiemonster:

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OfflineAlan RockefellerM
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Re: Legal to record police encounter? [Re: Adden]
    #18116916 - 04/16/13 04:23 AM (11 years, 1 month ago)

Quote:

Dystopia said:
We have separate state laws for recording police violence, but we can't have separate state laws for marijuana.





We do have separate state laws for marijuana.  The difference is that there is no federal law against recording the police.

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