Involuntarily detained in Nashua 03/12

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KBCraig wrote:

BB62 wrote:

I forgot,get yourself a voice and if possible, video recorder.

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This is bad advice in NH, because recording someone without their knowledge is "felony wiretapping" under RSA 570.

http://www.gencourt.state.nh.us/rsa/html/lviii/570-a/570-a-1.htm

Recording someone with their knowledge but without their consent should be okay according to the black letter of the law (they no longer have an "expectation of privacy"), but the attorney general and almost all police believe actual consent is required.

Edit: link to RSA

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Looks like another thing for you New Hamshirites to go after!

The LEOs can record you, but you can't, eh?

In that case, I would utilize my 5th Amendment right, and let them know that only under the circumstance that they understand and agree to my recording the interaction would I have ANYTHING (except what NH law requires) to say to them.

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BB62 wrote:

KBCraig wrote:

BB62 wrote:

I forgot,get yourself a voice and if possible, video recorder.

Click to expand...

This is bad advice in NH, because recording someone without their knowledge is "felony wiretapping" under RSA 570.

http://www.gencourt.state.nh.us/rsa/html/lviii/570-a/570-a-1.htm

Recording someone with their knowledge but without their consent should be okay according to the black letter of the law (they no longer have an "expectation of privacy"), but the attorney general and almost all police believe actual consent is required.

Edit: link to RSA

Click to expand...

Looks like another thing for you New Hamshirites to go after!

The LEOs can record you, but you can't, eh?

In that case, I would utilize my 5th Amendment right, and let them know that only under the circumstance that they understand and agree to my recording the interaction would I have ANYTHING (except what NH law requires) to say to them.

Click to expand...

Oh, yes!!!!

And, having obtained that agreement on the recording, the only thing I would say is, "Oh, I never talk to police."

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it's funny. I was just in Nashua attending the liberty forum and there was at least 10 or so people carrying openly in the hotel at all times. I don't know if there were any complaints but I know the cops never showed up.

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A very successful turnout today! One person was able to count 28 of us picking up litter in downtown Nashua.

No problems from the police whatsoever. I walked to & from the meet, a mile each way, and no problems.

A curious passerby had a scanner in his car and was able to hear police keeping close tabs on us however.

I'm hooked! I think there's a litter pickup next Sunday in Concord and my wife and I will probably be there.

The weather cooperated, and in fact some of us were hot.

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timf343 wrote:

A very successful turnout today! One person was able to count 28 of us picking up litter in downtown Nashua.

No problems from the police whatsoever. I walked to & from the meet, a mile each way, and no problems.

A curious passerby had a scanner in his car and was able to hear police keeping close tabs on us however.

I'm hooked! I think there's a litter pickup next Sunday in Concord and my wife and I will probably be there.

The weather cooperated, and in fact some of us were hot.

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:celebrate


If the police have better things to do than "keep tabs" on people picking up litter, perhaps they won't detain another person because this is how we're going to respond every time.

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If you do that again, let me know. I'd love to do it. I just OC'd at two fast food places, the liquor store by exit 6, and the Christmas Tree shop in that plaza. No probs. One guy commented on my 1911 in the positive.

... anyone OC at Walmart like in Hudson or Amherst? I have heard negative things about that.

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CmdrFenix wrote:

If you do that again, let me know. I'd love to do it. I just OC'd at two fast food places, the liquor store by exit 6, and the Christmas Tree shop in that plaza. No probs. One guy commented on my 1911 in the positive.

... anyone OC at Walmart like in Hudson or Amherst? I have heard negative things about that.

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i've OC at Walmart in both Manchester and Concord..no problems at either one.even stood next to a manager at the sporting goods counter checking what they had for ammo and not a peep..

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KBCraig wrote:

BB62 wrote:

I forgot,get yourself a voice and if possible, video recorder.

Click to expand...

This is bad advice in NH, because recording someone without their knowledge is "felony wiretapping" under RSA 570.

http://www.gencourt.state.nh.us/rsa/html/lviii/570-a/570-a-1.htm

Recording someone with their knowledge but without their consent should be okay according to the black letter of the law (they no longer have an "expectation of privacy"), but the attorney general and almost all police believe actual consent is required.

Edit: link to RSA

Click to expand...

WRONG!

570-A:2 Interception and Disclosure of Telecommunication or Oral Communications Prohibited. –
I. A person is guilty of a class B felony if, except as otherwise specifically provided in this chapter or without the consent of all parties to the communication, the person:
(a) Wilfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any telecommunication or oral communication;
(b) Wilfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:
(1) Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in telecommunication, or
(2) Such device transmits communications by radio, or interferes with the transmission of such communication, or
(3) Such use or endeavor to use (A) takes place on premises of any business or other commercial establishment, or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment; or
(c) Wilfully discloses, or endeavors to disclose, to any other person the contents of any telecommunication or oral communication, knowing or having reason to know that the information was obtained through the interception of a telecommunication or oral communication in violation of this paragraph; or
(d) Willfully uses, or endeavors to use, the contents of any telecommunication or oral communication, knowing or having reason to know that the information was obtained through the interception of a telecommunication or oral communication in violation of this paragraph.

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Doobie, just what are you disagreeing with and yelling "WRONG!" about?

If it's my point about one-party consent being okay per the letter of the law (even though the AG and police disagree and will attempt to prosecute), then I suggest you go back to the law and read the definition of "oral communication".

570-A:1 Definitions. – As used in this chapter:
II. ""Oral communication'' means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.

If there was no expectation of privacy, it was not an "oral communication". The wiretapping law does not make it illegal to record a speech, a conversation, or someone's words. It makes it illegal to record an "oral communication" as defined by the statute.

If what is being recorded doesn't match that definition, there is no crime.

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I tend to agree with KBCraig on this one. A person speaking when he is being videotaped is well aware his oral communication is "being intercepted". Thus, it does not meet the legal definition of an oral communication.

But wouldn't a hidden voice recorder in fact be such oral communication? If not revealed, I would lean toward YES, but if you say you're audio recording, whether the other person agrees to being recorded or not, they would not have the required legal expectation, since they do in fact know their communication is "being intercepted".

Does anyone know of any recent case law?

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I'm A Mass Resident, I have a Mass. class A LTC with no restrictions and a Non-Resident NH and PA LTC, I go to Salem NH, Hudson and Londonderry, Do I have to worry in those towns when I OC? I carry in a lot in Mass, Lowell, Chelmsford and Dracut.

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No way! NH is very OC friendly. Occassionally, police will want to talk to you. But if you're stopped by police, politely refuse their interruption and carry on with your business.

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I carry a Megastar 45 stainless by day and a Sigma SW40VE with tactical laser by night. When I have to head to Boston I carry both with extra mags, you could never be too prepared when heading threw Kennedy land.

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Heh.

I avoid "Kennedy" land at all costs.