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7 Rules for Recording Police

Merlin

Regular Member
Joined
Jul 31, 2008
Messages
487
Location
Las Vegas, Nevada, USA
Which NRS is this? I thought I found it some time ago and that NV is a "one party" consent state?

That was what I thought too, because "Crank Yankers" used to purposely film in Nevada, so they wouldn't get caught in California laws. I think that turned out to be mistaken, I think I remember reading years ago that they got busted for it. I've got nothing firm though.
 

Merlin

Regular Member
Joined
Jul 31, 2008
Messages
487
Location
Las Vegas, Nevada, USA
Yeah, my takeaway is the same, that there is no "expectation of privacy" while performing the public duties of a public officer, which makes the 1-party thing moot. I would say the gotcha to watch out for is civilian bystanders that might somehow have an expectation of privacy.
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Uber_Olafsun

Regular Member
Joined
Dec 9, 2009
Messages
583
Location
Alexandria, Virginia, United States
An there was already a case in Maryland that an off duty cop pulled over a biker and they wanted to try him for recording which was tossed. Cops on duty don't have the same privacy rights as everyone else.
 

john-in-reno

Regular Member
Joined
May 4, 2010
Messages
237
Location
Reno, Nevada, USA
This is probably what you are looking for

NRS 200.650 Unauthorized, surreptitious intrusion of privacy by listening device prohibited. Except as otherwise provided in NRS 179.410 to 179.515, inclusive, and 704.195, a person shall not intrude upon the privacy of other persons by surreptitiously listening to, monitoring or recording, or attempting to listen to, monitor or record, by means of any mechanical, electronic or other listening device, any private conversation engaged in by the other persons, or disclose the existence, content, substance, purport, effect or meaning of any conversation so listened to, monitored or recorded, unless authorized to do so by one of the persons engaging in the conversation.

Pay special attention to the bold text.

Now if you are having a conversation with someone, do one of you give permission to record?

Yes!!!! You!!!

At least that's the way I see it, as I am not a lawyer so use this at your own risk

I record every moment I am out either open or concealing just to cover my butt and if I get popped with the recording thing I will use this hopefully in my favor, but would have to contact a lawyer to help me with it.
 

The Big Guy

Regular Member
Joined
Oct 20, 2009
Messages
1,966
Location
Waco, TX
I had a lawyer on my payroll tell me a few years ago that I could record phone calls because in Nevada all that was required was that one person in the conversation knew it was being recorded. He told me in CA that both parties had to know. There has never been an expectation of privacy in a public setting. When I was in radio news we always knew that if it is in public, it is public.

TBG
 
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usmcmustang

Regular Member
Joined
Sep 17, 2011
Messages
393
Location
Las Vegas, NV & Southern Utah
This is probably what you are looking for



Pay special attention to the bold text.

Now if you are having a conversation with someone, do one of you give permission to record?

Yes!!!! You!!!

At least that's the way I see it, as I am not a lawyer so use this at your own risk

I record every moment I am out either open or concealing just to cover my butt and if I get popped with the recording thing I will use this hopefully in my favor, but would have to contact a lawyer to help me with it.

But I do believe that statute applies to one who is NOT a party to the conversation. In other words... two or more people are having a conversation and the "recorder" of the conversation is NOT a "party" involved in the conversation. So, in that situation, the one recording the conversation cannot give "permission" to record because he/she is not a party to the conversation.
 

TigerLily

Regular Member
Joined
Apr 8, 2011
Messages
141
Location
Polygammyville, Utah
Nevada is one of a handful of "2-party" states. It did not reply in this instance: http://www.youtube.com/watch?v=gKYzwdyyrXk

I was spooked about the 2-party issue when I recorded a public official by phone. He was calling me for official business and I think he used his personal phone to do that.

Since Utah is not a 2-party consent state I don't know how - if at all - my call from Utah impacted that law.

Bottom line, the "man" will find ways to charge you - whether they are right or wrong - and it's up to us to beat them back via their own rules.
 

DVC

Regular Member
Joined
May 12, 2010
Messages
1,185
Location
City? Who wants to live in a CITY?, Nevada, USA
Pay special attention to the bold text.

You bolded the wrong text.

The words "any private conversation" are the ones which remove this protection from a police officer performing official duties.

I seem to recall hearing of a defense attorney who tried to get an interview recording quashed because it was a private conversation between his client and the cops, and he lost that attempt because a cop speaking under cloak of authority is representing the public, thus there is no expectation of privacy. If the defendant can't expect privacy, then neither can the cops.
 

Rollbar

Regular Member
Joined
Feb 15, 2012
Messages
383
Location
Nevada
I might be missing something but what about a news cast or some by-stander on the road recording a shooting etc. Won't the courts use this? What about some mom/pop store recordings and no sign?

Also, what about a store WITH a sign and it is ok to record-maybe we can have a sign on our jacket :shocker: :lol:
 

renoglock22

Regular Member
Joined
Apr 14, 2010
Messages
168
Location
Greensboro, NC
I read through the NRS about this a while ago and all I could get from it was it was illegal to audio record a phone conversation without both parties knowing. I am not a lawyer and am new to trying to interpret the wording of the law but from what I got out of it was all we have is an illegal wiretapping law which does not include video/audio recording in public.
 

hazek

Regular Member
Joined
Oct 22, 2011
Messages
88
Location
--
Use this and don't testify against yourself where you got it when you use the video in court:

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

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
Steve Silverman? I thought that name sounded familiar. He's connected to one of our favorite websites: FlexYourRights, the folks who did the videos on how to deal with police contacts.

FlexYourRights seems to have expanded quite a bit, too.

Way to go Flex! Keep it up!
 

noname762

Regular Member
Joined
Aug 10, 2009
Messages
198
Location
Where am I, WA, , USA
Tonka Truck Man

Use this and don't testify against yourself where you got it when you use the video in court:

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




Hazek Please don't take this the wrong way because it is not my intention to cause you any grief whatsoever. I reckon this is my version of CYOA if you get my meaning.

I only watched almost half of this video. As a 55+year old man I was confused as all get out before I was 2 minutes into this video. It is at times like this I wish I knew WAY MORE about recent technology advances whether it be video cameras, computers or cell phones. This would be a great video cam for me to have but I am a dinosaur when it comes to basically anything Hi Tech.

I keep an eye out on the Open Carry Movement from time to time and especially enjoy the Ridley Report out of New Hampshire. That Ridley guy is a characters character is he not??? He's got my respect and admiration the way he goes toe to toe with LEO when they continually violate the Civil Rights of Open Carriers in his state. But I digress.

If I could figure out how to work a video cam like that I would and then I would OC from time to time. Not having any type of video cam or cell w/cam is exactly why I don't OC. I do CCW whenever I go out mainly cuz we live in a dangerous world.

All the same tho Hazek I thankyou for putting this out there for all the young people that are hip to this stuff and grew up with Hi Tech. Used correctly this is more ammo for OC folks who continue to get hassled or arrested by jack booted SS type LEOs.

I grew up when my first Tonka Truck was more than a foot long, made of steel and Made in America.
 
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