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Thread: Recording LEO's

  1. #1
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    Have heard of having a recording device while CC or OC incase of LEO's who don't know the law, treat you like dirt, arrest without cause, ect..

    Heard there are also laws that apply, i.e. Have to notify them that you are recording the conversation.

    Any one know where I can read up on the laws for this?

  2. #2
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    ORS 165.540.1 (c)

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    Thank you!

  4. #4
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    What about video?

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    I don't have the Cite, but I'm fair certain the courts have ruled that as long as the camera is visible, and unmistakably a camera, than no further notification is required.

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    Regular Member We-the-People's Avatar
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    Be careful if the camera is recording audio (like what video camera doesn't) as they may try to screw with you under the audio statute above. It's safest just to say "I'm recording audio" whether it's just a recorder or a visible camera.

    There is an "expert" (done been through the trial) on the subject of audio recording here on the board, I'm sure he'll weigh in.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  7. #7
    Regular Member Cremator75's Avatar
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    Why can the police have a dash cam and not inform me if it is recording or not?

  8. #8
    Regular Member We-the-People's Avatar
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    Because they have a specific exemption written into the law. Although that exemption seems to me to require them to notify us as well if the situation allows it. I'm headed to school so I don't have time to look up the referenece. I'll try to remember to do so when I get home.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  9. #9
    Regular Member We-the-People's Avatar
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    We-the-People wrote:
    Because they have a specific exemption written into the law. Although that exemption seems to me to require them to notify us as well if the situation allows it. I'm headed to school so I don't have time to look up the referenece. I'll try to remember to do so when I get home.
    The ORS on police using dash cams is below. Not the "REASONABLE OPPORTUNITY" wording. The way I see it, unless it's a felony stop with guns drawn, it woul dbe quite reasonable for the officer to have to inform the person stopped when he first approaches the vehicle. That's the standard we're held to!!

    165.540 Obtaining contents of communications.

    (1) Except as otherwise provided in ORS 133.724 or 133.726 or subsections (2) to (7) of this section, a person may not:[/b]

    (c) Obtain or attempt to obtain the whole or any part of a conversation by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, if not all participants in the conversation are specifically informed that their conversation is being obtained.

    (5) The prohibitions in subsection (1)(c) of this section do not apply to:

    (a) A person who records a conversation during a felony that endangers human life;

    (b) A law enforcement officer who is in uniform and displaying a badge and who is operating a vehicle-mounted video camera that records the scene in front of, within or surrounding a police vehicle, unless the officer has reasonable opportunity to inform participants in the conversation that the conversation is being obtained; or










    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  10. #10
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    Here's something I am curious about. If you were to be pulled over at a traffic stop, and the police officer informs you that you are being recorded, do you have to also inform him if you are recording him?

    I would assume that at the point he informs you that the conversation is being recorded, he also understands its being recorded so there would be no point to also say, "Ok officer and you are being recorded as well."? Since the general consensus at that point is that you both know you are being recorded.

  11. #11
    Regular Member We-the-People's Avatar
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    I'm not a lawyer but I would say that the law applies to the individual and if YOU are recording audio you would need to inform.

    If he has informed you that he is recording audio, he's covered but you aren't. Of course you could always argue it in court but why not just avoid the expense, and potential loss?
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

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