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Question on video/voice recording in Colorado

F350

Regular Member
Joined
Mar 22, 2012
Messages
941
Location
The High Plains of Wyoming
With an alarming increase in reports of LEO abuse not only OC but vehicle searches I have been really thinking of getting a video recorder pen like this....

http://www.kassoy.com/digital-video_pen.html

Or how about this... http://www.asianwolf.com/cctv-recorder-btdvr.html

From every resource I have found it looks like Colorado is a "One Party Consent" state, which means only 1 party in a conversation (including telephone) has to know of the recording, either recording themselves or consenting to a third party recording.

Does anyone know of any conflicting information?

If Colorado is truly a "One Party Consent" state it would be perfectly legal to record police interaction without notifying the LEO that you were recording and I am likely to order one of these pens and I just might look into a vehicle mounted system so if LEO stops me and says (as in a recent report with dash cam) "The reason I stopped you is because you were weaving across the center line" I could play back an hour of video preceding the stop for the judge.
 

mahkagari

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With an alarming increase in reports of LEO abuse not only OC but vehicle searches I have been really thinking of getting a video recorder pen like this....

In Colorado?

My only other tip wold be, you get what you pay for. I've seen a lot of these cheapies get bad reviews because of inconsistent quality control. In a batch of 1000, five hundred are going to work great. Well, not great. They'll work with the promised low-frills features. If you get one of the others with one of 500 problems, you're still going to have a 50/50 shot of getting a problem even if you return it.
 
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Beau

Regular Member
Joined
Dec 6, 2007
Messages
672
Location
East of Aurora, Colorado, USA
As far as I know your info is correct. Recording police without notification is perfectly legal in CO. I have also thought about getting one of these pens or something similar. Could especially come in handy while riding the motorcycle.
 

M-Taliesin

Regular Member
Joined
Apr 22, 2011
Messages
1,504
Location
Aurora, Colorado
Howdy Gentlefolk!
Here's the deal. You have the right to record anybody in public, video and audio, so long as one party knows a recording is being made. Since you are well aware you are doing the recording, that condition is satisfied when you turn on your recorder.

Now that I am a process server, along with being a bounty hunter, I will record video of everything I do when working in the field. By that, I mean every cotton picking thing. When apprehending a skip, I'll be rolling video and audio. When serving papers, I'll be running video and audio. When interacting with an LEO, whether on my business or because he got involved in mine, you can rest assured I'll be rolling video and audio. The LEO's may not like it, but them's the berries. I am a citizen, and lawfully can record any interactions that involve them. And I certainly intend to do precisely that!

As to gear, there are many really decent products that can be concealed about your person or in your vehicle that will perform flawlessly. Don't go cheap, or your results may prove disappointing. Get a quality unit with really good reviews from others who have bought the product. In fact, my intention today is to visit a police supply store (yes, an actual cop shop!!!) and get a unit that police officers themselves use to record us when they approach us! Cop shops tend to sell gear for cops; which doesn't preclude citizens from visiting their store to buy gear that isn't prohibited to citizens or "Police use only" type stuff. Otherwise, you can get whatever you need there, including such items as pepper spray, ASP batons, Tasers and other gear that might be nifty should you need to defend yourself short of deadly force.

But the primary point of this here dissertation is.... You bet your best boots you have every right to record anybody in public so long as you know the recording is being made. Hopefully, you are aware of having turned the thing on to start with!

Wouldn't it be ironic to open carry a loaded handgun but get busted for a concealed carry camera?

Blessings,
M-Taliesin
 

kanekutter05

Regular Member
Joined
Mar 8, 2012
Messages
27
Location
Aurora, CO
Howdy Gentlefolk!
Here's the deal. You have the right to record anybody in public, video and audio, so long as one party knows a recording is being made. Since you are well aware you are doing the recording, that condition is satisfied when you turn on your recorder.

Now that I am a process server, along with being a bounty hunter, I will record video of everything I do when working in the field. By that, I mean every cotton picking thing. When apprehending a skip, I'll be rolling video and audio. When serving papers, I'll be running video and audio. When interacting with an LEO, whether on my business or because he got involved in mine, you can rest assured I'll be rolling video and audio. The LEO's may not like it, but them's the berries. I am a citizen, and lawfully can record any interactions that involve them. And I certainly intend to do precisely that!

As to gear, there are many really decent products that can be concealed about your person or in your vehicle that will perform flawlessly. Don't go cheap, or your results may prove disappointing. Get a quality unit with really good reviews from others who have bought the product. In fact, my intention today is to visit a police supply store (yes, an actual cop shop!!!) and get a unit that police officers themselves use to record us when they approach us! Cop shops tend to sell gear for cops; which doesn't preclude citizens from visiting their store to buy gear that isn't prohibited to citizens or "Police use only" type stuff. Otherwise, you can get whatever you need there, including such items as pepper spray, ASP batons, Tasers and other gear that might be nifty should you need to defend yourself short of deadly force.

But the primary point of this here dissertation is.... You bet your best boots you have every right to record anybody in public so long as you know the recording is being made. Hopefully, you are aware of having turned the thing on to start with!

Wouldn't it be ironic to open carry a loaded handgun but get busted for a concealed carry camera?

Blessings,
M-Taliesin

Just out of curiosity...what do you use for your audio/video recording equipment? I figure if anyone knows what a good setup is...it's a guy in your position.
 

mahkagari

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YUP....Just check out the Loveland CO sticky

Yeah, that incident happened 4 years ago with 290 miles and 5 hours driving between you and it. Billy discussed it at a meetup we had in Firestone 2.5 years ago, and the case was settled last year. I haven't seen any other reports in here about further illegal searches or detainments. Not many in the news either. Denver's as abusive toward minorities as ever, but I wouldn't say it's "on the rise", just more coming to light. If anything, I'd say since Billy's case and the media attention to DPD, you can just as easily argue that such illegal searches are on the decline in CO.

Not that I don't think you shouldn't CYA, I just don't think adding alarmism to the state of our fair State adds to the conversation.
 

JamesB

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Jan 13, 2010
Messages
703
Location
Lakewood, Colorado, USA
Yeah, that incident happened 4 years ago with 290 miles and 5 hours driving between you and it. Billy discussed it at a meetup we had in Firestone 2.5 years ago, and the case was settled last year. I haven't seen any other reports in here about further illegal searches or detainments. Not many in the news either. Denver's as abusive toward minorities as ever, but I wouldn't say it's "on the rise", just more coming to light. If anything, I'd say since Billy's case and the media attention to DPD, you can just as easily argue that such illegal searches are on the decline in CO.

Not that I don't think you shouldn't CYA, I just don't think adding alarmism to the state of our fair State adds to the conversation.

I can give you five (5) such encounters from my personal experience within the last four years that meet the criteria for this conversation; and I am only one person.

Whether that means they are on the rise, on the decline, or just on par, that's enough for me.
 
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mahkagari

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I can give you five (5) such encounters from my personal experience within the last four years that meet the criteria for this conversation; and I am only one person..

Please do. Don't need a play by play for each, but if there are unwarranted OC stops or vehicle searches, it'd be great to hear about them. If you can link to posts you've made, that'd be cool too. There was also the Bel-Mar incident. The default in the CO forum seems to be more positive encounters than LEO abuse.
 

F350

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Mar 22, 2012
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WELL..... Most of us have never been criminally assaulted by a thug, FBI stats say crime is on the decline..........BUT; we all carry guns daily (or almost daily).
 

JamesB

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Lakewood, Colorado, USA
Most recently, about two weeks ago, was an incident on campus that I cannot give out details for until I hear otherwise from my attorney.

Two years ago, I was charged with a violation of 18-12-108. In other words CC without a CCW. I was on my motorcycle (in my vehicle), making a permit unnecessary, but that didn't matter to him.

Also roughly two years ago, I was pulled over on Colfax. The reason he gave me for the traffic stop was the brake light in my rear window was out. I could see the light working in my mirror as he told me this. I know it was on Colfax and within Lakewood, but I do not know if that still made it inside JeffCo juristiction. It was JeffCo Sheriff.

Two and a half years ago, I was pulled over on East Colfax by Denver Gang Unit. (When do they have traffic responsibilities?) They ran my information, and the serial number of my handgun, then returned everything and left.

Three years ago, I had two Lakewood officers, sorry "agents," point thier guns at me within my own home. I had not been, nor was I, charged with or suspected of a crime.

Believe me when I say there are a LOT more going back beyond that. But there's the last bit.
 

mahkagari

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WELL..... Most of us have never been criminally assaulted by a thug, FBI stats say crime is on the decline..........BUT; we all carry guns daily (or almost daily).

I'm of the opinion that the latter is the cause of the former.
 

hazek

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[video=youtube;uj26JjSiazQ]http://www.youtube.com/watch?v=uj26JjSiazQ[/video]
 

kanekutter05

Regular Member
Joined
Mar 8, 2012
Messages
27
Location
Aurora, CO
Most recently, about two weeks ago, was an incident on campus that I cannot give out details for until I hear otherwise from my attorney.

Two years ago, I was charged with a violation of 18-12-108. In other words CC without a CCW. I was on my motorcycle (in my vehicle), making a permit unnecessary, but that didn't matter to him.

Also roughly two years ago, I was pulled over on Colfax. The reason he gave me for the traffic stop was the brake light in my rear window was out. I could see the light working in my mirror as he told me this. I know it was on Colfax and within Lakewood, but I do not know if that still made it inside JeffCo juristiction. It was JeffCo Sheriff.

Two and a half years ago, I was pulled over on East Colfax by Denver Gang Unit. (When do they have traffic responsibilities?) They ran my information, and the serial number of my handgun, then returned everything and left.

Three years ago, I had two Lakewood officers, sorry "agents," point thier guns at me within my own home. I had not been, nor was I, charged with or suspected of a crime.

Believe me when I say there are a LOT more going back beyond that. But there's the last bit.

I am damn curious about what happened in this particular situation...
 

JamesB

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Jan 13, 2010
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703
Location
Lakewood, Colorado, USA
I am damn curious about what happened in this particular situation...

It was basically a MWAG call and the caller had apearently followed me home. I say this since they seemed to know which door to knock on. When I answered, my gun was still in its holster on my belt, and for "officer safety" they decided I needed to be disarmed, at gunpoint, in order to converse with them.
 

since9

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Jan 14, 2010
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Colorado Springs, Colorado, USA
It was basically a MWAG call and the caller had apearently followed me home. I say this since they seemed to know which door to knock on. When I answered, my gun was still in its holster on my belt, and for "officer safety" they decided I needed to be disarmed, at gunpoint, in order to converse with them.

Really?

"I'm sorry, officer, but unless you have sufficient RAS/PC to place me under arrest, I will not disarm in my own home merely because you're scared for your safety. Perhaps you'd feel safer if I simply closed the door?"
 
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JamesB

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Lakewood, Colorado, USA
Really?

"I'm sorry, officer, but unless you have sufficient RAS/PC to place me under arrest, I will not disarm in my own home merely because you're scared for your safety. Perhaps you'd feel safer if I simply closed the door?"

Gotta tell ya it sounds pretty good on a message board... It doesn't come out near so smooth when you're staring down the barrel of two loaded guns.

I really do appreciate the armchair quarterbacking though.
 

O2HeN2

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Jan 23, 2012
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229
Location
Colorado Springs, Colorado, USA
Gotta tell ya it sounds pretty good on a message board... It doesn't come out near so smooth when you're staring down the barrel of two loaded guns.
Yhea, I get tired of "I would have done this instead!" posts.

Reminds me of an old joke, which, to compress it, a guy gets pulled over with some friends. Officer gives him a ticket. As he starts to walk away, he taps on the rear window behind the driver and the guy inside rolls it down, at which point the officer punches him in the face and says:

"That's for what you would have done if you were the driver!"

:)

O2
 
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