Rusty wrote:Anything but shaky ground.My reading of CPC 632 seems to indicate that recording an LEO encounter without consent would be illegal. I don't see any exceptions that would pertain to recording a LEO.
Now, I am not sure if a police officer talking to you would be considered a "confidential communication", but it seems at best this is on shaky ground.632. (a) Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment...
(c) The term "confidential communication" includes any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.
Any communication between a citizen and a police officer while the police officer is conducting official business is a public conversation where the police officer has no expectation of privacy.
If this were not the case, then the person who recorded the police beating Rodney King, would have been charged with illegally recording the police officers.