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Voice Recorder

J

jwelters

Regular Member
Joined
Dec 26, 2008
Messages
15
Location
Houghton, MI, ,
imported post

This is a little off topic, but can anyone cite the the rule or lack thereof that talks about the right to use a voice recorder in the public domain. I know all states are different in this regard.

Does this change when you are in your car ? ( in regards to being stopped and recording the exchanges that take place following)

Someone was arguing with me about it the other day, and I was looking for some facts to back my argument up. I've seen a lot of answers on the internet and from others but none seem to have any cites. Figured if I asked here I'd get a response.
 
SpringerXDacp

SpringerXDacp

New member
Joined
May 12, 2006
Messages
3,341
Location
Burton, Michigan
imported post

jwelters wrote:
This is a little off topic, but can anyone cite the the rule or lack thereof that talks about the right to use a voice recorder in the public domain. I know all states are different in this regard.

Does this change when you are in your car ? ( in regards to being stopped and recording the exchanges that take place following)

Someone was arguing with me about it the other day, and I was looking for some facts to back my argument up. I've seen a lot of answers on the internet and from others but none seem to have any cites. Figured if I asked here I'd get a response.
Click to expand...


Michigan, apparently, is a two-party state. IMO, the LEO has you stopped on the side of a road with noexpectation of privacy and therefore the recording should be legal.

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

ETA: 750.539a
 
Z

zigziggityzoo

Campaign Veteran
Joined
Nov 28, 2008
Messages
1,543
Location
Ann Arbor, Michigan, USA
imported post

SpringerXDacp wrote:
jwelters wrote:
This is a little off topic, but can anyone cite the the rule or lack thereof that talks about the right to use a voice recorder in the public domain.  I know all states are different in this regard.

Does this change when you are in your car ? ( in regards to being stopped and recording the exchanges that take place following)

Someone was arguing with me about it the other day, and I was looking for some facts to back my argument up.  I've seen a lot of answers on the internet and from others but none seem to have any cites. Figured if I asked here I'd get a response.
Click to expand...


Michigan, apparently, is a two-party state.  IMO, the LEO has you stopped on the side of a road with no expectation of privacy and therefore the recording should be legal.

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

ETA: 750.539a
Click to expand...

Correct. According to the law, if there is an expectation of privacy from either of the two individuals, then you need permission to record.

Any interaction with any public official is by definition not private, when they are contacting you in an official manner. Therefore, you or anyone else may record a conversation with a police officer, even if you're not a party of the conversation. (FOIA makes any other recordings held by the state to be public, too)
 
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