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Thread: Voice recording laws in Washington

  1. #1
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    Is Washington a one party consent state or an all party consent state? I was pretty sure that it was a one party state, but after reading these:

    http://www.citmedialaw.org/legal-gui...-recording-law
    http://apps.leg.wa.gov/RCW/default.aspx?cite=9.73.030

    I think Washington is a two party state.




  2. #2
    Founder's Club Member Jim675's Avatar
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    Correct, WA is an all-party state. Except for public officials (including police) as shown in Flora vs State.

    http://forum.nwcdl.org/index.php?action=downloads;cat=4

    ETA: Clarification - you may record officers without consent or notification.

  3. #3
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    This is for PRIVATE party conversations. If your in a public place where you can be overheard by others it doesn't apply to my knowledge. I am not a lawyer....blah,blah.. you know the rest.

  4. #4
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    It applies anytime the other persons in the convo have a reasonable expectation of privacy.
    "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

  5. #5
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    I suppose I would need to pay for a lawyer's opinion regarding this, however if you stated to the other party, "This conversation is being recorded, if you do not consent to this recording you may end this conversation at any time"; would that provide the necessary consent?

    Another member suggested this tactic to me.

  6. #6
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    diesel556 wrote:
    I suppose I would need to pay for a lawyer's opinion regarding this, however if you stated to the other party, "This conversation is being recorded, if you do not consent to this recording you may end this conversation at any time"; would that provide the necessary consent?

    Another member suggested this tactic to me.
    Their actions of continuing to speak after that statement is implied consent to record. Of course IANAL but I do recall seeing court decisions based on this and being told it as well by a retired FBI agent during criminal justice classes.
    "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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    I keep seeing mention of voice recording on here. Someone wanna explain what all the buzz is about?

  8. #8
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    I keep seeing mention of voice recording on here. Someone wanna explain what all the buzz is about?
    Using a pocket recorder to record interactions with the police and other officials.

  9. #9
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    For your own use, to take to court, or what? Do you turn it on then just before the cop walks up to your window?

  10. #10
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    All of the above.

    I don't actually have one, but when I've been with folks who do, they tend to run them the whole time they're out and about. Modern ones have a fairly long recording time...

  11. #11
    State Researcher Bill Starks's Avatar
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    State-by-state summaries

    http://www.rcfp.org/taping/states.html



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