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Thread: Audio recording of police.

  1. #1
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    Here in WA can we legally audio record the police without their knowledge. I am not sure if they have an expectation to privacy while performing their job or not.

    I seem to remember hearing that if they are recording, then it is aslo legal for the person being stopped to record.

    I know the court threw out some audio recordings made of drunk driving stops because the police did not inform the person being stopped thay were being recorded.

    thanks

    bob









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    Yes we can record them as long as they are acting in thier offical capacity.

    It was State vs Flora that set the case law for it.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    joeroket wrote:
    Yes we can record them as long as they are acting in thier offical capacity.

    It was State vs Flora that set the case law for it.
    furthermore, in public there is no expectation of privacy, washington law is in regards to a PRIVATE conversation.
    Evangelical lessons are provided upon request. Anyone wishing to meet Jesus can just kick in my door.

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    Thanks guys.



    bob

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    TechnoWeenie wrote:
    joeroket wrote:
    Yes we can record them as long as they are acting in thier offical capacity.

    It was State vs Flora that set the case law for it.
    furthermore, in public there is no expectation of privacy, washington law is in regards to a PRIVATE conversation.
    Stave v Flora states that since they are "public officers", their conversations are public, and can not be considered "private". That means that even if it is just you and the cop with no witnesses, it is still not a private conversation. This goes both ways though. You should never say anything to a police officer that you would not want to say directly to a prosecuting attourney, because a conversation with a police officer is never a private conversation.

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    expvideo wrote:
    TechnoWeenie wrote:
    joeroket wrote:
    Yes we can record them as long as they are acting in thier offical capacity.

    It was State vs Flora that set the case law for it.
    furthermore, in public there is no expectation of privacy, washington law is in regards to a PRIVATE conversation.
    Stave v Flora states that since they are "public officers", their conversations are public, and can not be considered "private". That means that even if it is just you and the cop with no witnesses, it is still not a private conversation. This goes both ways though. You should never say anything to a police officer that you would not want to say directly to a prosecuting attourney, because a conversation with a police officer is never a private conversation.
    Actually what it says is exactly what I said above.

    "We decline the State's invitation to transform the privacy act into a sword available for use against individuals by public officers acting in their official capacity."
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

  7. #7
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    joeroket wrote:
    expvideo wrote:
    TechnoWeenie wrote:
    joeroket wrote:
    Yes we can record them as long as they are acting in thier offical capacity.

    It was State vs Flora that set the case law for it.
    furthermore, in public there is no expectation of privacy, washington law is in regards to a PRIVATE conversation.
    Stave v Flora states that since they are "public officers", their conversations are public, and can not be considered "private". That means that even if it is just you and the cop with no witnesses, it is still not a private conversation. This goes both ways though. You should never say anything to a police officer that you would not want to say directly to a prosecuting attourney, because a conversation with a police officer is never a private conversation.
    Actually what it says is exactly what I said above.

    "We decline the State's invitation to transform the privacy act into a sword available for use against individuals by public officers acting in their official capacity."
    I was referring to this quote from state v flora:

    ?The State advances no persuasive basis for its contention that the conversation between the officers and Flora should be considered private. We note in particular that in none of the cases it cites as controlling were public officers asserting a privacy interest in statements uttered in the course of performing their official and public duties. ?

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