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Thread: Whats NC laws on eavesdropping. Guy face up to 15yrs in Illinoise for recording cops

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    Whats NC laws on eavesdropping. Guy face up to 15yrs in Illinoise for recording cops

    Heres the story. and do we have anything like this.

    Recording a Police Officer Could Get You 15 Years in Jail


    2nd person charged


    Serious jail time for recording cops

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    Quote Originally Posted by Jerry1981 View Post
    Heres the story. and do we have anything like this.

    Recording a Police Officer Could Get You 15 Years in Jail


    2nd person charged


    Serious jail time for recording cops
    It sounds to me like it's a two party state. (Meaning you have to have the consent of both or all parties involved to recorded.) NC is a one party state. (Meaning as long as you agree to be recorded that's all the consent you need.) It stated in the second postings that only two other states, Massachusetts and Oregon, Have the law about recording Law Enforcement. I don't see why you can't record them without consent if they can record you without consent.
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    Regular Member papa bear's Avatar
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    these laws were made to protect crooked governments officials. if they didn't do anything wrong they wouldn't mind.

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    Quote Originally Posted by Carry24/7 View Post
    It sounds to me like it's a two party state. (Meaning you have to have the consent of both or all parties involved to recorded.) NC is a one party state. (Meaning as long as you agree to be recorded that's all the consent you need.) It stated in the second postings that only two other states, Massachusetts and Oregon, Have the law about recording Law Enforcement. I don't see why you can't record them without consent if they can record you without consent.
    but remember in NC you have to be PART of the conversation to give the one party consent

    a few years a go there was some trouble b/c someone recorded a telephone conversation heard over a scanner (the person recording was not part of the conversation), the conversation was between a politician and one of his supporters or operatives and the tapes were released to the press
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    Quote Originally Posted by edrolee View Post
    but remember in NC you have to be PART of the conversation to give the one party consent

    a few years a go there was some trouble b/c someone recorded a telephone conversation heard over a scanner (the person recording was not part of the conversation), the conversation was between a politician and one of his supporters or operatives and the tapes were released to the press
    That would fall under the Federal wire tapping laws I would think. Which is illegal.
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    Besides, if it is the same incident that I am thinking of the whole thing happened in Florida.

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    NC is one party consent.

    5A‑287. Interception and disclosure of wire, oral, or electronic communications prohibited.
    (a) Except as otherwise specifically provided in this Article, a person is guilty of a Class H felony if, without the consent of at least one party to the communication, the person:

    http://www.ncga.state.nc.us/EnactedL...S_15A-287.html

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    Quote Originally Posted by buzzsaw View Post
    Besides, if it is the same incident that I am thinking of the whole thing happened in Florida.
    i think you may be right about that but either way NC is one party consent but you must be a party (taking part, talking, audience member ect not just covertly listening in)

    IANAL but IMO if the guy had butted in or even said hi during the officers conversations he would have been a "party" to the conversation
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    Quote Originally Posted by Carry24/7 View Post
    I don't see why you can't record them without consent if they can record you without consent.

    IANAL

    But in NC you pretty much can. As we know, being legal does not mean you might not be arrested. This article is pretty good and on this subject. It links to an arrest for recording an officer in Salisbury, NC. They believe you can record law enforcement in NC as long as you do not physically obstruct them. The act of recording should not fall into that category. The lady in Salisbury WAS convicted of obstruction, it will be interesting how that plays out on appeal.

    http://sogweb.sog.unc.edu/blogs/ncclaw/?p=1615

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    Quote Originally Posted by chiefjason View Post
    IANAL

    But in NC you pretty much can. As we know, being legal does not mean you might not be arrested. This article is pretty good and on this subject. It links to an arrest for recording an officer in Salisbury, NC. They believe you can record law enforcement in NC as long as you do not physically obstruct them. The act of recording should not fall into that category. The lady in Salisbury WAS convicted of obstruction, it will be interesting how that plays out on appeal.

    http://sogweb.sog.unc.edu/blogs/ncclaw/?p=1615
    What I meant is it should be legal anywhere not just in a one part state. Now if you commit a crime like obstruction to record them then I see you being arrested. But if you hit record and let it run in your pocket and not interfere with their job you should be able to do so.
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    Quote Originally Posted by Carry24/7 View Post
    What I meant is it should be legal anywhere not just in a one part state. Now if you commit a crime like obstruction to record them then I see you being arrested. But if you hit record and let it run in your pocket and not interfere with their job you should be able to do so.
    Public employees acting in an official capacity, especially in areas with no expectation of privacy? Yeah, especially since so many PDs run cameras, etc. in their cars. They need some accountability.
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