Audio Recording LEO Encounters

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I'm going to start open carrying in Onslow County, NC shortly and, because I know that cops love to hassle OCers around here, I bought a voice recorder from walmart with the intent of carrying it in the small inner pocket of my jeans.

What I'm looking for is advice on:
1. Whether or not it's smart to try and record the police encounters?
2. Tactics on how I may do it.
3. Should I let the police officers know?
4. Start it only when they arrive or just leave it running the entire time I'm out of my car?
5. Since I'm military, any one think dealing with cops and OC might make my life hell in my command?

And, of course, general advice.

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marinepilot81 wrote:

SNIP What I'm looking for is advice on:
1. Whether or not it's smart to try and record the police encounters?
2. Tactics on how I may do it.
3. Should I let the police officers know?
4. Start it only when they arrive or just leave it running the entire time I'm out of my car?
5. Since I'm military, any one think dealing with cops and OC might make my life hell in my command?

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First you will want to know what is legal in NC, and how many parties to the conversationmust give their consent. Its almost a given that some aspect of it will be illegal. The problem is to find where the legality starts. Sometimes all parties must consent to a recording. Sometimes, only one party (meaning yourself in this application).I suggest Googling the NC legislature's homepage to find a path to NC statutes, or just Google the statutes themselves. Once you've found the statutes, try keywords, "oral" and "intercept".

Journalists are very interested in recordings. I've come across journalist-interest websites that had info. You could hunt for something like this in NC.

You could also just call a private detective out of the phone book. Theymay beable tosteer you to the relevant statutes.

Having the recorder on at all times kills batteries fast.

Practice Condition Yellow and activate it at the first sign of police presence. Also, activate it at the first sign of a store manager approaching with their attention fixed on you. I would also turn it on at the first hint of a sour, outraged, or antagonisticexpression from a stranger in public (not counting criminal-type antagonism), since there is a chance they might approach you for an argument, or call the police or a manager.

And if you do have a confrontation with an anti- be sure to casually follow them outside and get their license plate number if possible so you can identify them if they anonymously make a false statement or alarm to police.

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http://www.citmedialaw.org/legal-guide/north-carolina/north-carolina-recording-law

North Carolina's wiretapping law is a "one-party consent" law. North Carolina makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. N.C. Gen. Stat. § 15A-287. Thus, if you operate in North Carolina, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance.

Click to expand...

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Be sure to record yourself saying "I give constent to me to make this recording"!:lol:

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"Your honor, I'd like this information suppressed as I was unaware I was taping myself."

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I carry my work issued nextel I355 everywhere and it has audio recording capabilities and is set on my nav keys for one touch operation. "No officer i'm not making a call just fidgeting." Most newer phones have this but some can't record over 30 sec. at a time.

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marinepilot81 wrote:

I'm going to start open carrying in Onslow County, NC shortly and, because I know that cops love to hassle OCers around here, I bought a voice recorder from walmart with the intent of carrying it in the small inner pocket of my jeans.

What I'm looking for is advice on:
1. Whether or not it's smart to try and record the police encounters?
2. Tactics on how I may do it.
3. Should I let the police officers know?
4. Start it only when they arrive or just leave it running the entire time I'm out of my car?
5. Since I'm military, any one think dealing with cops and OC might make my life hell in my command?

Click to expand...

I gotta say, dressed and acting normally, I've never had an issue with law enforcement in Onslow County. Of course I spend almost ALL of my time on Western Blvd. Not sure if that makes a difference. Anyway...

1. Smart? Well I don't see that there's anything UN-smart about it It sure can't hurt!

2. Tactics. Keep it on you, and press record when you feel necessary. Since NC only requires that one person is aware of the recording (i.e. yourself), there's no reason to worry about whether anyone see's the recorder or not.

3. That's up to you. You're not legally required to, so it's only their business if you make it their business. If you DO inform them, it may make for a shorter/better encounter.

4. Start recording when you feel you need to. If you want to leave it running the whole time, you could, but battery and recording time only last so long. You'll probably find out very quickly that you're never going to need it, and the one time you do, you wont have it. Sound familiar?

5. That's an interesting question. When I first started carrying, I was still active duty. I tried not to discuss it too much at work, but eventually the higher ups caught wind. I was asked at one point if I was being responsible and knew what I was doing. I laughed and said of course, and took the opportunity to explain the legalities of carrying. They suggested I stay out of trouble, whatever that means lol.

If you're not doing anything wrong, then you're not wrong...so what could they honestly do?

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Well, I asked the same question on The High Road.org and spent 15 posts defending my maturity level for wanting to open carry as a an active duty Marine. I figured I'd ask people who had actually open carried in the place where I live.

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There are good reasons for not frequenting ARF or THR. Not least of which is "throwing pearls before swine."

Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth. NRA KMA$$