imported post
I see you made craigslist rant/raves:
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http://portland.craigslist.org/wsc/rnr/608221759.html
Congratulations Portland, Max is now much safer to ride. Security is out in force with thier eye on everyone.
Just yesterday two CHL holders were kicked off max for open carrying their handguns. Once on the way to the Gun and Knife show and again on the way home. Earlier they were told Tri Met has a policy that you can only have handguns in a case when you ride. They would have to cover the handguns if they wanted to ride the train. OK what if they didn't have CHLs; is Tri Met suggesting they conceal a handgun against state law?
The stupidity of the blather pouring out of Tri Met security was amazing. They are clueless and have never read ORS 166.170.
That afternoon they again get kicked off Max at 82nd. Again because of Tri Met policy regarding handguns. They were wrong that morning and remain wrong that afternoon....
This time the Portland police are called and these two guys get arrested.
No, not for any firearms infraction, but because they had a tape recorder. They had the nerve to actually tape record what they were being told, up to the point of "turn that off you are under arrest. So by attempting to record the interogation and arrest you are wire tapping a oral communication.
this law actually they were charge with breaking
165.543 Interception of communications. (1) Except as provided in ORS 133.724 or as provided in ORS 165.540 (2)(a), any person who willfully intercepts, attempts to intercept or procures any other person to intercept or attempt to intercept any wire or oral communication where such person is not a party to the communication and where none of the parties to the communication has given prior consent to the interception, is guilty of a Class A misdemeanor. (2) As used in this section, the terms “intercept” and “wire or oral communication” have the meanings provided under ORS 133.721. [1983 c.824 §3]
So feel safe Portland Police have your back they simply are not going to stand for any recording of anyone else with out the consent of the person being recorded. Thank god it's about time! No wait Oregon is a one way communication state.... It's legal to record anothers oral communications with you w/o their consent.
Good job on that arrest!
Keep up the good work!
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http://portland.craigslist.org/wsc/rnr/608288731.html
Re: Tri Met feels much safer now.....
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Reply to:
pers-608288731@craigslist.org
Date: 2008-03-16, 1:56PM PDT
This time the Portland police are called and these two guys get arrested.
No, not for any firearms infraction, but because they had a tape recorder. They had the nerve to actually tape record what they were being told, up to the point of "turn that off you are under arrest. So by attempting to record the interogation and arrest you are wire tapping a oral communication.
this law actually they were charge with breaking
165.543 Interception of communications. (1) Except as provided in ORS 133.724 or as provided in ORS 165.540 (2)(a), any person who willfully intercepts, attempts to intercept or procures any other person to intercept or attempt to intercept any wire or oral communication where such person is not a party to the communication and where none of the parties to the communication has given prior consent to the interception, is guilty of a Class A misdemeanor. (2) As used in this section, the terms “intercept” and “wire or oral communication” have the meanings provided under ORS 133.721. [1983 c.824 §3]
So feel safe Portland Police have your back they simply are not going to stand for any recording of anyone else with out the consent of the person being recorded. Thank god it's about time! No wait Oregon is a one way communication state.... It's legal to record anothers oral communications with you w/o their consent.
It's refreshing to see that others take the time to know the laws that the police don't seem to know.
You are most correct. In Oregon, it is legal to record a conversation as long as one of the parties being recorded knows that the conversation is being recorded. Which means that if you are recording a conversation -you- are having with someone else, it is legal and you do not, technically, need their consent.
The best part of that bit you provided is that they were told to turn off the tape... that implies that the people saw the tape recorded and thus knew it was there. So this wasn't a covert taping, but out in the open, in a public place.
Seems to me the police have little to stand on.
If these guys actually get charged and convicted of recording the conversation, that would be a complete disregard for the law, and it's intent.
Maybe those officers need to learn what definitions are:
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133.721 Definitions for ORS 41.910 and 133.721 to 133.739. As used in ORS 41.910 and 133.721 to 133.739, unless the context requires otherwise:
(7) “Oral communication” means:
(a) Any oral communication, other than a wire or electronic communication, uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation; or
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In the first part, the statute states, clearly, that "any person who willfully intercepts, attempts to intercept or procures any other person to intercept or attempt to intercept any wire or oral communication where such person is not a party to the communication"... seems to me that the guys doing the recording WERE party to the communication. So that statute doesn't apply. And looking at the definitions, it states a communication which a person can reasonable expect isn't subject to interception... well, if the tape recorder is visible, then there is no expectation of privacy.
Can't wait to see how this works out...
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http://portland.craigslist.org/mlt/rnr/608305923.html
RE Re: Tri Met feels much safer now..... -
[line]
Reply to:
pers-608305923@craigslist.org
Date: 2008-03-16, 2:12PM PDT
How the **** do you really expect it to work out?
The poor accused will not be able to afford attorneys or to lose work or risk school fighting it. The DA may drop the charges but the Portland Police State will have succeeded in intimidating the arrested as well as all onlookers in to greater subservience.
The solution is for ALL people to openly carry, and be armed with loaded weapons.
You can bet your boopie that crime will skid to a halt and the there will be good manners everywhere.
Ya, fat chance.
