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For those looking to buy voice recorders...

TechnoWeenie

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Link

A watch that records audio, as well as plays MP3s.

It's a friggin watch, noone would suspect it as a voice recorder ;)

sku_3093_1.jpg



Dealextreme is a low cost importer, their prices include shipping, and overall they ROCK as far as inexpensive items go.
 

just_a_car

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I agree with bear, I usually don't like wearing watches. I use my cellphone for keeping time.

It's a neat idea, though. My question is, how long can you record and where's the mic?
 

Bear 45/70

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marshaul wrote:
I don't wear a watch either, but that is seriously a good idea. Any idea if it has a built in mic?
Go to the lower part of the link page. There is a question and answer part. They answer in the affirmative for a mic.
 

TechnoWeenie

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Íàçâàíèå: Íàáëþäàòü MP3 AD818FM
Ìîäåëü:
Îïèñàíèå: Features:1) High quality built-in MIC record / FM radio / calendar / A-B repeat
/ MP3player / cancel pre-file / shock proof, static proof and waterproof / USB flash
/line-in record / 5-equalizer modes2) MP3 support format: MP3 / WMA / WAV3) Japan citizen
MIYOTA 20354) Bite rate: 32kbps - 256kbps5) Temperature: -10 ~ +50°C6) Output frequency
rate: 20Hz - 20kHz7) Earphone output: 8MW + 8MW8) Port: USB2.09) Operating platform:
Windows 98 / 2000 / XP / Me / nt Mac OS 8.6 or higher10) Battery pressure: 3.7V11) Charge
pressure: 5.1V12) More than 9 hours continue playing13) Charging time: about 1.5 hours
(you should charge 4 hours in the first time)14) Weight: 500g15) Dimensions (L x W x
H): 120 x 100 x 120mm
 

xiphoris

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Be careful of recording people, especially cops. There are federal "wiretapping" laws which can make illegal recording anyone without them knowing you are doing it. People have been busted for recording cops openly with a camera because the court ruled that it wasn't sufficiently obvious.

Depending on the laws you might need to announce that people are being recorded. My understanding is that you can record anyone on video without an announcement, but to record voice requires you to let them know. I might be wrong and I'm not a lawyer -- this is just my memory of news and forums over the last couple of years.
 

Bear 45/70

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xiphoris wrote:
Be careful of recording people, especially cops. There are federal "wiretapping" laws which can make illegal recording anyone without them knowing you are doing it. People have been busted for recording cops openly with a camera because the court ruled that it wasn't sufficiently obvious.

Depending on the laws you might need to announce that people are being recorded.
You haven't been here long enough to be aware of the state laws involved. Unless you tangle with federal officers, the federal laws are of no concern.
 

xiphoris

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You haven't been here long enough to be aware of the state laws involved.
There are other sources of knowledge than this forum. I am not sure why you would mention how long I have been "here", as if my presence in an online forum has a relationship to my knowledge of law.

Unless you tangle with federal officers, the federal laws are of no concern.
There are plenty of laws that apply in many circumstances. Please see 18 USC 2510 [1] for the one I am referring to.

(1) Except as otherwise specifically provided in this chapter any person who— (a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication ...
shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5).
I don't know if it applies or not -- that's something for an actual lawyer to decide because it's complicated. In particular, the definitions used in the law mentioned above include:

(6) "person" means any employee, or agent of the United States or any State or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation;
The definition there appears to protect agents of the States. What does that mean? I don't know -- I am not a lawyer :) I'd be hesitant to trust anyone but a lawyer to make the decision about whether it does.

There may also be state laws. My point was not specifically about federal law, but about law in general, and how recording someone can cause you to be in violation of wiretapping law.

Here is a new story involving such an arrest involving state wiretapping law: http://sayanythingblog.com/entry/man_arrested_for_video_taping_police/

NASHUA – A city man is charged with violating state wiretap laws by recording a detective on his home security camera, while the detective was investigating the man’s sons.
[1] http://www4.law.cornell.edu/uscode/18/usc_sec_18_00002511----000-.html
 

Trigger Dr

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The courts have held that a a LEO has no expectation of privacy when acting in an official capacity. You can record them (audio) without giving notice. As far as video recording, that comes under the "Plain View" doctrine. If it is in plain view of the public, there is no reasonable expectation of privacy.
 

TechnoWeenie

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xiphoris wrote:
Be careful of recording people, especially cops.  There are federal "wiretapping" laws which can make illegal recording anyone without them knowing you are doing it.  People have been busted for recording cops openly with a camera because the court ruled that it wasn't sufficiently obvious.

Depending on the laws you might need to announce that people are being recorded.  My understanding is that you can record anyone on video without an announcement, but to record voice requires you to let them know.  I might be wrong and I'm not a lawyer -- this is just my memory of news and forums over the last couple of years.

1. Federal wiretapping laws cover PRIVATE conversations, there's no expectation of privacy in public.

2. Federal wiretapping laws require ONE party consent, not two.
 

Wheelgunner

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No offense meant, but you have to have a separate mic to use this thing, an item I would not reach for as you face the sweaty GED educated officer who is responding to the "man with a gun call". A great deal of movement on your part unscrewing the port, inserting the mic and then holding it up may be interpreted as "hostile" in the eyes of those who feel that the Second is a theory.

The pen recorders, on the other hand, can be turned on with a flick of the finger, can be carried by clip and one version even has a video camera. Some may even be hardened to Tazer weapons, so you can show your friends a recording of you dancing the funky chicken to the tune of 50,000 volts. All of the pen recorders have a built in Mic to record the shouting police officers, their gunfire, you final words, etc.
 

xiphoris

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Which courts have ruled on the issue of police privacy while working? State courts? Federal courts?

Whether they have a "right to privacy" doesn't necessarily affect the situation with regard to wiretapping law. You won't see anywhere in the wiretapping statute mention of "privacy". That is to say, that they don't have a right to privacy doesn't necessarily suddenly make it legal to tape them in violation of the wiretapping law.

Also, for those who do know more about the application of federal law and jurisdiction.... why is it that federal wiretapping law allegedly doesn't apply to circumstances within our state, but that federal firearms laws do? Or is it just that the State decided to pass its own laws mandating compliance with certain federal guidelines?
 
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