frogfish
Regular Member
Out of curiosity, MUST one inform LEOs that they are being recorded, even on a public easement?
Nope, not as long as they are performing their official duties. You cannot record anybody in private, such as a restroom. The standard on recording anybody is a reasonable expectation of privacy. North Carolina is a one party state when it comes to recordings over a telephone, or private conversations. If you record a police officer in a private conversation without consent or knowledge then you are breaking the law.
While the police officer does not have a reasonable expectation of privacy while performing duties, the civilian population that the officer is interacting with does. So you could still be charged if you are not one of the parties in the conversation.
Isn't a "one party consent" where you don't need the permission of the other party to record?
versus a "two party" where all participants need to be made aware?
A person not involved in the conversation is not a party of consent. The consent must be from at least one person involved, otherwise it is illegal if it is a personal conversation.