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Thread: Posted: Audio/Video Recording

  1. #1
    Regular Member Tucker6900's Avatar
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    Posted: Audio/Video Recording

    I have a question, and if someone is more legally smart than I am, please do your best to answer.

    I have recently purchased an in car camera system. Its a single unit that records forward and rear facing video, and also interior audio. It is attached to the front inside window of my car just below the rear view mirror.

    Now, here is the question I have. Ill listen to all tips, advice, etc.

    I had a couple of window stickers made that read as follows:
    "Audio/Video Recording in progress.
    Upon approach, you consent to being audio/video recorded"

    I know that in most states, the notification/consent is not required to record someone in public, but will that sign do anything for me in a state like Illinois?

    I havent yet decided if I am going to post it on my vehicle. Your thoughts and comments are all welcome.

  2. #2
    Herr Heckler Koch
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    Do the Illannoy State Police, presumably recording similarly, have such notices? If not, why not? If not, why should you have to? Does the state privacy law applicable except the cops?

  3. #3
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by Herr Heckler Koch View Post
    Do the Illannoy State Police, presumably recording similarly, have such notices? If not, why not? If not, why should you have to? Does the state privacy law applicable except the cops?
    As a matter of fact, in Illannoy it does.

    I am a lawyer and I can give legal advice so long as I do not ask for/accept anthing of value for it. But I am not an attorney and most assuredly am not your attorney. That being said, I doubt that your posting of signs will meet the "all parties consent" requirement unless they are so prominent as to be visually distracting to both you and other drivers. You may be better off developing a verbal script that informs others that they may be audio and/or visually recorded and seeks a clear declarative statement from them that they both understand that and give permission to be recorded. If they say "No" then you can, after announcing that you are going to do so, turn off your recording device(s).

    I thought that there was a recent court ruling in Illinoy about being able to video record public servants performing public activities in public places, but still denying audio recording. I cannot access my legal look-up stuff tonight do must ask for others to either give the citation or correct me.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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  4. #4
    Regular Member paramedic70002's Avatar
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    1. What's the difference between a lawyer and an attorney?

    2. If someone refuses consent, and you do not stop recording, they have the option to leave, yes? You have recorded them refusing consent...
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
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  5. #5
    Campaign Veteran skidmark's Avatar
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    1 - a lawyer is someone versed in or informed about the law at a level above the layman. An attorney has received permission from the guild and the state to charge a fee for sharing his opinion, regardless of how accurate or wildly off-beat that might be. Also, an attorney cannot be sued for giving you bad advice because the guild says the customer is responsible for deciding if the advice is good or bad. Even better conditions than doctors, who like attorneys are still practicing their profession, as opposed to many other professionals who have mastered theirs. (I always debate if I should do the "[/sarcasm]" thing after that statement. Today I've decided not to.)

    2 - In a 2-party consent state, if the other party(s) refuse consent you must cease recording. Continuing to do so is a violation of the law. Yes, the other party(s) has the option of going somewhere else, but that does not remove the prohibition on your continuing to record absent consent. At best you might get away with stopping recording after getting their denial of consent so that you can a) document that they denied consent and b) you complied with that denial of consent. Additionally, in most cases they have at least as much right to be "there" as you do, so saying they can go elsewhere is not a valid response.

    3 - in answer to a question you did not pose: cops can record even without your consent because the courts have granted them special permissions based on their "need" to document their investigation of alleged crimes.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  6. #6
    Regular Member GuidoZ's Avatar
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    Mind sharing the make/model of what you have? It's been hard for me to find a reliable one for personal use. Many have asked... thanks.

    --
    Peace. ~G
    Carry weapon: SA XDm .40 SC + 11rd Ranger SXT 180gr

  7. #7
    Regular Member Tucker6900's Avatar
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    Quote Originally Posted by GuidoZ View Post
    Mind sharing the make/model of what you have? It's been hard for me to find a reliable one for personal use. Many have asked... thanks.

    --
    Peace. ~G
    First one down. The black box model is excellent. Its a bit on the pricey side, but it does the job.....well.

    The video is top notch. You can choose a frame rate, and picture quality. It can also be set up to start recording on power up. The audio is pretty good as well. There is an extension port on it to add a mic. I have a mic installed in my car that runs through the headliner edge to the a pillar trim on the driver side. I plug that in when Im in the car by myself.

    The only issue I see with this unit is, if for some reason, you are asked to step out of the vehicle, and you consent to a search, there is nothing stopping the officer from unplugging the unit. So, just in case that happens, I also have a digitial audio recorder with an extended mic hidden in the car, which I have wired to the dome light on/off button. So, if Im leaving the vehicle for the police, I simply push the dome light button and start recording.

    I know, I know. It may seem a little over the top, but with the amount of local activism that I do, its always good to be prepared.

  8. #8
    Regular Member twoskinsonemanns's Avatar
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    Quote Originally Posted by Tucker6900 View Post
    and you consent to a search,
    Why would anyone ever....

  9. #9
    Regular Member OC for ME's Avatar
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    ....do that?
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  10. #10
    Regular Member twoskinsonemanns's Avatar
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    Quote Originally Posted by OC for ME View Post
    ....do that?
    yeah

    I can not think of any reason to ever consent to a volunteer search.

  11. #11
    Regular Member WOD's Avatar
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    Awww that's cute... you guys are finishing each others sentences... "joke"
    Be safe, be prepared, and carry on!

    Alle Ihre Basisstation jetzt zu uns gehören

  12. #12
    Campaign Veteran since9's Avatar
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    Quote Originally Posted by WOD View Post
    Awww that's cute... you guys are finishing each others sentences... "joke"
    Lol! How's the lint down there in that sock puppet?

    Really? You're not? Ok, get a room...
    Last edited by since9; 04-28-2012 at 08:19 PM.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  13. #13
    Regular Member twoskinsonemanns's Avatar
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    hahaha. Maybe briliant minds think alike... and so do ours.

  14. #14
    Regular Member GuidoZ's Avatar
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    Quote Originally Posted by Tucker6900 View Post
    First one down. The black box model is excellent. Its a bit on the pricey side, but it does the job.....well.

    The video is top notch. You can choose a frame rate, and picture quality. It can also be set up to start recording on power up. The audio is pretty good as well. There is an extension port on it to add a mic. I have a mic installed in my car that runs through the headliner edge to the a pillar trim on the driver side. I plug that in when Im in the car by myself.

    The only issue I see with this unit is, if for some reason, you are asked to step out of the vehicle, and you consent to a search, there is nothing stopping the officer from unplugging the unit. So, just in case that happens, I also have a digitial audio recorder with an extended mic hidden in the car, which I have wired to the dome light on/off button. So, if Im leaving the vehicle for the police, I simply push the dome light button and start recording.

    I know, I know. It may seem a little over the top, but with the amount of local activism that I do, its always good to be prepared.
    Appreciate the info - I'll take a peek.

    --
    Peace. ~G
    Carry weapon: SA XDm .40 SC + 11rd Ranger SXT 180gr

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