• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

8GB pen cam/recorder (today 5/28 only)

T

tony d tiger

Regular Member
Joined
Apr 15, 2010
Messages
167
Location
, Washington, USA
Still haven't gotten a satisfactory answer

tony d tiger said:
BUMP

So, is there something I'm missing? Why/How is it legal to record two private parties involved in a conversation w/o notice?
Click to expand...
So - I tried looking for the thread about the motorcyclist that got pulled over and the state police pulled a gun w/o identifying himself - because now that young man is under arrest... for posting the video on youtube! http://www.examiner.com/x-15870-Pop...es-internets-latest-victim-or-a-product-of-it
Different state - different laws... but I still wonder about the difference between our state's law regarding consent between the recording and recorded parties. Went to OfficeMax today, pricing digital recorders - would hate to drop a C-note to buy a worthless piece of equipment.
Now that we've had a month to cool off - anybody want to venture a response?
thx
Tony D
 
E

END_THE_FED

Regular Member
Joined
Mar 19, 2010
Messages
925
Location
Seattle, Washington, USA
tony d tiger said:
So - I tried looking for the thread about the motorcyclist that got pulled over and the state police pulled a gun w/o identifying himself - because now that young man is under arrest... for posting the video on youtube! http://www.examiner.com/x-15870-Populist-Examiner~y2010m7d20-11yearold-becomes-internets-latest-victim-or-a-product-of-it
Different state - different laws... but I still wonder about the difference between our state's law regarding consent between the recording and recorded parties. Went to OfficeMax today, pricing digital recorders - would hate to drop a C-note to buy a worthless piece of equipment.
Now that we've had a month to cool off - anybody want to venture a response?
thx
Tony D
Click to expand...

Here is the motorcycle thread
http://forum.opencarry.org/forums/showthread.php?72884-Be-happy-with-our-recording-laws

my understanding of the recording laws in WA. are.

If the conversation takes place on the street or another public place like the beach or a park or a mall then there is no "assumption of privacy" and you can record video or voice all you want. You can follow someone around taking pictures of them while they scream at you to stop taking their picture and you are not breaking any laws.If you are in public then you are fair game to be recorded just look at all the buildings in Seattle with cameras on the street did they get your consent to record you?

If the conversation takes place in a private setting such as a persons home or office or on the phone then there is an "assumption of privacy" and you would need "consent".

also to get "consent" you do not need them to say "yes" or anything like that, you just need to make them aware that you are recording if they choose to stay in the area or continue the conversation then consent is implied.
Ill try to find the RCWs later

I am not a lawyer and nothing in this post should be construed as giving legal advice
 
skiingislife725

skiingislife725

Regular Member
Joined
Jul 26, 2009
Messages
400
Location
Lake Stevens, WA
Attached is a nice summary pdf file of WA State recording laws. See also:

Johnson v Hawe/Sequim 2004
State v Clark 1996
State v Flora 1992
State v Lewis 2005
Devenpeck et al v Alford 2004 (kind of)
WA v Modica 2008 (supp brief)
 

Attachments

  • wa state recording laws.pdf
    10.8 KB · Views: 93
sudden valley gunner

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
E

END_THE_FED

Regular Member
Joined
Mar 19, 2010
Messages
925
Location
Seattle, Washington, USA
sudden valley gunner said:
I'd be careful. This might mean trouble and a restraining order for stalking. LOL.
Click to expand...


I actually did that before (well not the following) as a crowd dispersal technique while working security. If there was a large group of thugs loitering around the building I would just walk up pull out the digital camera and start taking pictures, they would scatter like cockroaches when the lights turn on.:lol:
 
amzbrady

amzbrady

Regular Member
Joined
Mar 1, 2009
Messages
3,521
Location
Marysville, Washington, USA
with the pen recorder, just carry a small notepad in your pocket along with the pen. If you are in a spot where you have to announce you are recording, just say "let me get my pen I want to record this" and grab you pen and pad. then jot down something and put them back in your pocket and record. they will figure you meant that you are recording notes on the paper with the pen.
 
1245A Defender

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
no need!

amzbrady said:
with the pen recorder, just carry a small notepad in your pocket along with the pen. If you are in a spot where you have to announce you are recording, just say "let me get my pen I want to record this" and grab you pen and pad. then jot down something and put them back in your pocket and record. they will figure you meant that you are recording notes on the paper with the pen.
Click to expand...

ive got the spy pen, in my breast pocket, and its on!
in washington the cops enjoy no expectation of privacy when they are on the clock!
no warning is required!
 
T

tony d tiger

Regular Member
Joined
Apr 15, 2010
Messages
167
Location
, Washington, USA
1245A Defender said:
ive got the spy pen, in my breast pocket, and its on!
in washington the cops enjoy no expectation of privacy when they are on the clock!
no warning is required!
Click to expand...
Actually, I like amzbrady's way of thinking. I am concerned not JUST with LEO but "other" situations too. I think the "spy pen" may be a good way to provide some legal cover if used in this manner... might not be presentable as evidence, but also not used to prosecute ME for illegal wiretap - should I get one and use it, that is.
 
Last edited:
You must log in or register to reply here.
Top