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Recording consent sticker

ScottyT

Regular Member
Joined
Apr 7, 2008
Messages
800
Location
Salt Lake City, Utah, USA
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I think it is unfortunate that you guys have to notify the other party about the recording...

As long as you are taking part in the conversation, you should be able to record it, period.

Good idea with the sticker though!
 

DanM

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Jul 11, 2008
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Location
West Bloomfield, Michigan, USA
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ScottyT wrote:
I think it is unfortunate that you guys have to notify the other party about the recording...

Here in Michigan, as long as you are party to a conversation you are allowed to record it without others' knowledge or consent. However, sometimes it is beneficial to let others know you are recording. A lot of times, people (including LEOs)get REAL polite,calm, and truthfulwhen they know they are being recorded.
 

ScottyT

Regular Member
Joined
Apr 7, 2008
Messages
800
Location
Salt Lake City, Utah, USA
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DanM wrote:
ScottyT wrote:
I think it is unfortunate that you guys have to notify the other party about the recording...

Here in Michigan, as long as you are party to a conversation you are allowed to record it without others' knowledge or consent. However, sometimes it is beneficial to let others know you are recording. A lot of times, people (including LEOs)get REAL polite,calm, and truthfulwhen they know they are being recorded.
I see. I assumed that a requirement to notify spawned the sticker idea. Guess that is what I get for assuming...
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
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ScottyT wrote:
DanM wrote:
ScottyT wrote:
I think it is unfortunate that you guys have to notify the other party about the recording...

Here in Michigan, as long as you are party to a conversation you are allowed to record it without others' knowledge or consent. However, sometimes it is beneficial to let others know you are recording. A lot of times, people (including LEOs)get REAL polite,calm, and truthfulwhen they know they are being recorded.
I see. I assumed that a requirement to notify spawned the sticker idea. Guess that is what I get for assuming...
In Michigan you do not have to inform if you are part of the conversation. Some Michiganders think you do have to inform. The sticker is optional. If it gets more people recording and feeling better about it allthe better.
 

T.J.

Regular Member
Joined
Jul 30, 2009
Messages
21
Location
Gaylord, Michigan, USA
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Have you or anyone had there recording device confiscated during an encounter with a LEO? I wonder if you are wearing a shirt that doesn't have a chest pocket and you are holding it in your hand, wouldthe LEO consider that threatening?
 

zigziggityzoo

Campaign Veteran
Joined
Nov 28, 2008
Messages
1,543
Location
Ann Arbor, Michigan, USA
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T.J. wrote:
Have you or anyone  had there recording device confiscated during an eccounter with a LEO?  I wonder if you are wearing a shirt that doesn't have a chest pocket and you are holding it in your hand, would  the LEO consider that threatening?
Yeah, actually, my dad did, yesterday.

He got it back today. One more piece of tinder laid on the pile, and it's been a REALLY dry year.
 

zigziggityzoo

Campaign Veteran
Joined
Nov 28, 2008
Messages
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Location
Ann Arbor, Michigan, USA
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T.J. wrote:
Was the encounter still on the recorder?  I don't see how they can do that.  They could erase whatever they don't like.
Actually, yes. The guy didn't realize it was still recording. At the end there was 3 hours of silence until the battery died. It was still dead when it was returned, making us think it was never accessed.
 

ghostrider

Regular Member
Joined
Jul 24, 2007
Messages
1,416
Location
Grand Rapids, Michigan, USA
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zigziggityzoo wrote:
T.J. wrote:
Have you or anyone had there recording device confiscated during an eccounter with a LEO? I wonder if you are wearing a shirt that doesn't have a chest pocket and you are holding it in your hand, wouldthe LEO consider that threatening?
Yeah, actually, my dad did, yesterday.

He got it back today. One more piece of tinder laid on the pile, and it's been a REALLY dry year.
Boy ought that to be an interesting story. During a Terry Stop, they are allowed to confiscate weapons, and evidence used in a crime. NOTHING ELSE. So, what crime was he charged with in connection with that recorder, or, what kind of weapon did they think it was. I can't say they are thugs without knowing all the details, but I'd love to hear their justification for seizure of the device.
 

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
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Generaldet wrote:
Here's something I am not too clear on. If you are recording an LEO interaction and the LEO is aware of it and asks you to stop recording, do you have to? I believe the answer is no, but I want to make sure.
I would have to believe the answer is no as well. The only thing that a LEO could threaten with is the blanket "obstruction of justice", which probably would not stick.
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
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Is Michigan a two party consentstate for recording conversations?

Most states are not and even then some case law in some of these few states exempts recording of police officers during the performance of their duties from the ambit of the statute.
 

zigziggityzoo

Campaign Veteran
Joined
Nov 28, 2008
Messages
1,543
Location
Ann Arbor, Michigan, USA
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Mike wrote:
Is Michigan a two party consent state for recording conversations?

Most states are not and even then some case law in some of these few states exempts recording of police officers during the performance of their duties from the ambit of the statute.

Michigan is a one-party state, provided you are a party to the conversation.

Otherwise, the conversation must be held in a location generally open to the public, or you'd need consent of all parties which are part of the conversation.
 
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