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Is it just me?

amzbrady

Regular Member
Joined
Mar 1, 2009
Messages
3,521
Location
Marysville, Washington, USA
michigander allowed his tokarev to fall as he lowered his pants,,,
he took a 7.62X25 thru the leg,,,into the wall.
his gun has a firing pin block, shouldnt be able to fire, but his did.

Thats why if I have to cop a squat and unload, I put my pistol in the crouch of my skivies, to much wieght when you undo the belt, Besides I dont like the idea of anything I own but the bottoms of my shoes touching the floor in johns. There are too many who have a major problem hitting that 12 inch hole (nasty B@$tards). I reholster as I'm getting up and yarding my drawers back up.
 
B

Bikenut

Guest
You could legally record in the bathroom when being questioned by a cop. He is conducting official business, and there is no longer an expectation of privacy.

Please be aware of the applicable laws in your respective State. I have no idea what the recording laws are in other States but in Michigan the law requires the consent of everyone when recording in a place where there is an entitlement to privacy. And, of all places, a bathroom most certainly involves an entitlement to privacy!!

In short... that means in a bathroom in order to record I would have to have the consent of everyone in there... including the guy sitting in the stall... regardless of if they were a party to the conversation or not. After all, if the fellow in the stall uttered a grunt or released gas that too would be recorded and he would have the entitlement to privacy to NOT have that recorded.... If I didn't get that consent the recording of my conversation with the off duty cop would be inadmissible in court and I would be guilty of breaking the recording law myself.

Not to mention the off duty cop while off duty is essentially a citizen engaging in a conversation in that bathroom. A citizen who also has the entitlement to privacy in there and I'd bet he wouldn't give his consent to be recorded.

The off duty cop didn't have to try to arrest me... all he had to do was ask questions during a consensual conversation, leave the bathroom, and make a MWAG call for some other officer to follow up on.... just like any citizen could do.

In Michigan even an on duty cop can engage in a consensual conversation (asking questions that the person willingly answers) without that conversation constituting a "stop" or "official business". It's a fine line where "conversation" ends and "stop" or "official business" begins but it is still there.

Please folks.... read the recording laws applicable to where you live very, very, carefully and be sure you have a firm understanding of those laws for all situations.
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
Please be aware of the applicable laws in your respective State. I have no idea what the recording laws are in other States but in Michigan the law requires the consent of everyone when recording in a place where there is an entitlement to privacy. And, of all places, a bathroom most certainly involves an entitlement to privacy!!

Did you by chance notice that this exchange is taking place in the Washington State "branch" of the Forum?

We appreciate the input on Michigan Law but most people here are talking about incidents and encounters right here in our State.

As for recording a conversation with a police officer in a public restroom, just announce that "I am recording this conversation, anyone who doesn't want to be recorded needs to leave". This will probably end any conversation with the officer as well. Unless he has a justification for continuing the "interview" you need not speak with him further.

Frankly, if I had a recorder, I wouldn't give a crap about legal or not. If it came down to "my nuggets in the crusher" vs a false report by a police officer, I'd take my chances. If nothing else the tape would give me leverage with an internal affairs investigation into the officer. BTW, do you think all THEIR tapes are legally obtained? If you do, the Brooklyn Bridge is on the market again and you might like to buy it.
 
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Bikenut

Guest
Did you by chance notice that this exchange is taking place in the Washington State "branch" of the Forum?

We appreciate the input on Michigan Law but most people here are talking about incidents and encounters right here in our State.

-snip-

Very well... even though OC.. and all things related to open carry... like knowing the recording laws and how they apply in your own situation... is a country wide thing....

I'll refrain from joining any conversations, or offering any experiences, in the Washington State "branch" of the forum.
 
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Metalhead47

Regular Member
Joined
Apr 20, 2009
Messages
2,800
Location
South Whidbey, Washington, USA
Thats why if I have to cop a squat and unload, I put my pistol in the crouch of my skivies, to much wieght when you undo the belt, Besides I dont like the idea of anything I own but the bottoms of my shoes touching the floor in johns. There are too many who have a major problem hitting that 12 inch hole (nasty B@$tards). I reholster as I'm getting up and yarding my drawers back up.

Problem with that is... If you pull a michgander & forget it for a second, AND the safety's off... you start a new career as a eunuch :eek:
 

TechnoWeenie

Regular Member
Joined
Jul 17, 2007
Messages
2,084
Location
, ,
Frankly, if I had a recorder, I wouldn't give a crap about legal or not. If it came down to "my nuggets in the crusher" vs a false report by a police officer, I'd take my chances. If nothing else the tape would give me leverage with an internal affairs investigation into the officer. BTW, do you think all THEIR tapes are legally obtained? If you do, the Brooklyn Bridge is on the market again and you might like to buy it.

Illegally made recordings are inadmissible in court, except as evidence to try you.
 

Tomas

Regular Member
Joined
Mar 18, 2010
Messages
702
Location
University Place, Washington, USA
Bikenut, it is just that state laws on recording communications/conversations vary so much state-to-state, that comments based on another states requirements can often be very misleading.

Here is Washington state, the law states in part...

RCW 9.73.030 (3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.

If one is standing at the pissoir and a LEO starts asking questions, simply stating that you will be recording the conversation within earshot of other occupants, should cover you for them, too, unless they object in a timely manner.
____________
In another potentially interesting area...

Recording for your protection against potentially unlawful requests or demands by the officer, however, might possibly be covered by

RCW 9.73.030 (2) Notwithstanding subsection (1) of this section, wire communications or conversations (a) of an emergency nature, such as the reporting of a fire, medical emergency, crime, or disaster, or (b) which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or demands, or (c) which occur anonymously or repeatedly or at an extremely inconvenient hour, or (d) which relate to communications by a hostage holder or barricaded person as defined in RCW 70.85.100, whether or not conversation ensues, may be recorded with the consent of one party to the conversation.

Please remember, IANAL!
 

Metalhead47

Regular Member
Joined
Apr 20, 2009
Messages
2,800
Location
South Whidbey, Washington, USA
Bikenut, it is just that state laws on recording communications/conversations vary so much state-to-state, that comments based on another states requirements can often be very misleading.

Here is Washington state, the law states in part...



If one is standing at the pissoir and a LEO starts asking questions, simply stating that you will be recording the conversation within earshot of other occupants, should cover you for them, too, unless they object in a timely manner.
____________
In another potentially interesting area...

Recording for your protection against potentially unlawful requests or demands by the officer, however, might possibly be covered by



Please remember, IANAL!

...or at an extremely inconvenient hour,

If THIS doesn't cover standing at the pisser with yer junk in yer hands, I don't know what does!!
 

Tomas

Regular Member
Joined
Mar 18, 2010
Messages
702
Location
University Place, Washington, USA
...or at an extremely inconvenient hour,
If THIS doesn't cover standing at the pisser with yer junk in yer hands, I don't know what does!!

" :uhoh: Er, excuse me officer, this is a rather inconvenient time, could you wait until I wash and dry my hands? Thanks."

Yeah, I'm sure that's not what they intended, but hey, give it a shot! :lol:
 
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