Wiretapping law question

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.

WalkingWolf said:

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.

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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?

EMNofSeattle said:

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?

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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.

Privacy issues usually melt away if it something of public concern too...in most cases.

I always understood the "one party consent" to mean that if we are talking and I press the button you don't need to know about it. I use the example of recording a phone call I make to you provided you are also in a "one party consent" state. If the other person is in a "two party consent" they win out.

Now, If I plant a bug or am not a part of the conversation, as in I am sitting behind you on a bench recording you and your brother talking sensitive matters, since I am not part of this conversation I am not allowed to legally record.

Now, I do believe that this goes out the window if its a crime or some other "greater good" thing and even then you have weigh what you are doing with the knowledge that you could get in trouble.

WalkingWolf said:

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.

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+1