oilfieldtrash11 wrote:I have no citation for what I am about to write; This is only my laymens understanding or intuition.I have a question that came up from a friend I was talking to about OC.
Is there anytime where the officer can take your recorder from you?
If they detain you are they able to remove your voice recorder and turn it off?
I know we do not have to inform them that we are recording them, but what are we supposed to do if we run into one that does remove it from us and turn it off?
These are a couple of questions I was unable to answer and would like to know if anyone has done some research on this. I will be doing some as well but a couple of starting points would be nice to have.
Good thing is, I converted an OC nazi into an OC believer. He now OCs with me!:celebrate
Is there anytime where the officer can take your recorder from you? I believe that seizing your property would require some connection to the investigation of a crime. In a terry stop, they could seize anything illegal or could be used as a weapon- they could also seize money as evidenceif they can make a connection to a crime. I suppose that police could seize a recorder on the basis that it may have recorded audio evidence of a crime in progress or about to be commited- but I think this strains the bounds of search and seizure protocols.
If they detain you are they able to remove your voice recorder and turn it off? They can't turn it off if they cant find it or do not see it. I think that if they are detaining you and take control of a recorder, that would put them in the relm of seizing your property and they would need a pretty compelling reason why they would need to take control of a recording device.
I know we do not have to inform them that we are recording them, but what are we supposed to do if we run into one that does remove it from us and turn it off? I would tell them that I do not consent to the seizure of my property and after it was turned off, I would not be cooperative in any field interview, asserting my 5th amendment right. This is where it is beneficial to have friendly witnesses on hand.
I take it that your friend was an ANTI-OC 'nazi' who has been converted? If so, good for them.