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voice recorder

Hawaii FiveO

Regular Member
Joined
Nov 17, 2009
Messages
112
Location
San Jose
imported post

I can see where a voice recorder could come in handy, but is it legal to use it's content as a defense? I thought you had to have permission to record a conversation?
 

heliopolissolutions

Regular Member
Joined
Sep 24, 2009
Messages
542
Location
, ,
imported post

It is a wee bit complex and situationally dependent.
Without reasonable expectation to privacy, then you are lawfully recording an encounter.
Encounters with the police during detainment courts no special circumstances, there is no reasonable expectation to privacy.

I suggest not informing LEO of the fact they are being recording, they would have an opportunity to seize it or deactivate it.
 

wewd

Regular Member
Joined
May 5, 2009
Messages
664
Location
Oregon
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Peace officers in their official capacity do not have an expectation of privacy. It is always lawful to record the police. They are, after all, probably recording you as well. Otherwise George Holliday might have been in trouble for recording the Rodney King beating.
 

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
imported post

wewd wrote:
Peace officers in their official capacity do not have an expectation of privacy. It is always lawful to record the police. They are, after all, probably recording you as well. Otherwise George Holliday might have been in trouble for recording the Rodney King beating.
This.^
 
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