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Audio recording of police.

B

BobR

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Joined
Jun 12, 2007
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West Plains, ,
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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
 
TechnoWeenie

TechnoWeenie

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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.
Click to expand...

furthermore, in public there is no expectation of privacy, washington law is in regards to a PRIVATE conversation.
 
E

expvideo

Regular Member
Joined
Oct 8, 2006
Messages
1,487
Location
Lynnwood, WA, ,
imported post

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.
Click to expand...

furthermore, in public there is no expectation of privacy, washington law is in regards to a PRIVATE conversation.
Click to expand...
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.
 
J

joeroket

Regular Member
Joined
Dec 5, 2006
Messages
3,339
Location
Everett, Washington, USA
imported post

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.
Click to expand...

furthermore, in public there is no expectation of privacy, washington law is in regards to a PRIVATE conversation.
Click to expand...
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.
Click to expand...

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."
 
E

expvideo

Regular Member
Joined
Oct 8, 2006
Messages
1,487
Location
Lynnwood, WA, ,
imported post

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.
Click to expand...

furthermore, in public there is no expectation of privacy, washington law is in regards to a PRIVATE conversation.
Click to expand...
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.
Click to expand...

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."
Click to expand...

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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