Question about recording.

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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

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oilfieldtrash11 wrote:

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

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I have no citation for what I am about to write; This is only my laymens understanding or intuition.

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.

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ConditionThree wrote:

I take it that your friend was an ANTI-OC 'nazi' who has been converted? If so, good for them.

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That is correct.

Thank you for your input. I am just trying to be able to answer this question he had.

One other question I had, what if an officer was to erase your recording? I mean, if you just found that one bad apple and then his story varied from yours in court.

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I think you have the potential to be screwed, since judges and juries buy off on anything a cop says generally, but on the other hand I would hope that the fact that you had a recording that "disappeared" would make SOMEONE question why.

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oilfieldtrash11 wrote:

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?

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Funny this came up... What you are asking about is exactly what happened to me on my 3rd LEO encounter.

A recorder, as a weapon? :banghead:

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oilfieldtrash11 wrote:

One other question I had, what if an officer was to erase your recording? I mean, if you just found that one bad apple and then his story varied from yours in court.

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Check out Qik.com If you have a relatively new phone you can stream the video(or just audio if you leave it in your pocket directly to your account on qik.com its free and user friendly. you can also choose to have the video be public for everyone on qik to see or be private so it only gets sent to your account.

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codename_47 wrote:

I think you have the potential to be screwed, since judges and juries buy off on anything a cop says generally, but on the other hand I would hope that the fact that you had a recording that "disappeared" would make SOMEONE question why.

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No offense but not everyone that serves on a jury takes anyones word on face value without the evidence to back it up. And yes if I was on a jury and it came out that there was a recorder and it went missing and not returned in the same state IE tape altered/erased I would definately not side with the one that ceased it. I have served on juries even wound up foreperson. Ruled the defendant innocent when the "victim" lied to the court on several points we couldnt have ruled beyond a resonable doubt no matter how hard we wanted to.

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Is there anytime where the officer can take your recorder from you?

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As far as I know, no. From what I learned during my training, in order to seize property it must be either evidence or contraband. We had this question come up about cell phone video from an officer who asked if it could be seized as evidence and the immediate answer was NO!

I'm considering getting a voice recorder myself as the ones in the cars don't operate half the time. If someone I stopped said they were recording the conversation I wouldn't mind a bit as it keep BOTH parties honest. They can't talk shit to me and later claim they were being civil after they're in jail. Honest COPs have nothing to worry about if you ask me.

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fullauto223cal wrote:

Is there anytime where the officer can take your recorder from you?

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As far as I know, no. From what I learned during my training, in order to seize property it must be either evidence or contraband. We had this question come up about cell phone video from an officer who asked if it could be seized as evidence and the immediate answer was NO!

I'm considering getting a voice recorder myself as the ones in the cars don't operate half the time. If someone I stopped said they were recording the conversation I wouldn't mind a bit as it keep BOTH parties honest. They can't talk @#$% to me and later claim they were being civil after they're in jail. Honest COPs have nothing to worry about if you ask me.

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that makes a lot of sense. are you an LEO? because most cop cars on the west coast i have seen have the camera with audio, and it is controlled on the computer and the officers have a control on their belt that records audio....just curious. because if you are not an LEO, you should ALWAYS have a voice recorder handy to do just that, keep both parties honest. it is better safe than sorry.

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No offense but not everyone that serves on a jury takes anyones word on face value without the evidence to back it up.

More often than not, they juries/judges believe the cops with no evidence, no coroborrating witnesses, nothing other than some guys word.

While YOU may not do it, there are far too many people that would

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Yes, I am a Peace Officer...(I'm old fashion)

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fullauto223cal wrote:

Yes, I am a Peace Officer...(I'm old fashion)

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ooooo ok......
i miss the old fashioned cops:?

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I use my Iphone to record. I use an App called "recorder" that records high quality audio straight to the phones hard drive. When enabled I can close/lock the phone while the record app is still running untill I use my password to unlock the phone and manually close the app or turn off the app.

All the police see is a phone and they think nothing of it.

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true...that seems like a great idea....i just have a huge grudge with apple and their harddrives.....lost 3 ipods now to harddrive error