• 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.

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

C

Carry24/7

Regular Member
Joined
Apr 2, 2011
Messages
184
Location
Belmont, NC
Jerry1981 said:
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
Click to expand...

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.
 
papa bear

papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
these laws were made to protect crooked governments officials. if they didn't do anything wrong they wouldn't mind.
 
E

edrolee

Regular Member
Joined
May 29, 2010
Messages
119
Location
Loughman,Florida, USA
Carry24/7 said:
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.
Click to expand...

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
 
C

Carry24/7

Regular Member
Joined
Apr 2, 2011
Messages
184
Location
Belmont, NC
edrolee said:
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
Click to expand...

That would fall under the Federal wire tapping laws I would think. Which is illegal.
 
C

chiefjason

Regular Member
Joined
Jan 29, 2009
Messages
1,025
Location
Hickory, NC, ,
E

edrolee

Regular Member
Joined
May 29, 2010
Messages
119
Location
Loughman,Florida, USA
buzzsaw said:
Besides, if it is the same incident that I am thinking of the whole thing happened in Florida.
Click to expand...

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
 
C

chiefjason

Regular Member
Joined
Jan 29, 2009
Messages
1,025
Location
Hickory, NC, ,
Carry24/7 said:
I don't see why you can't record them without consent if they can record you without consent.
Click to expand...


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
 
C

Carry24/7

Regular Member
Joined
Apr 2, 2011
Messages
184
Location
Belmont, NC
chiefjason said:
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
Click to expand...

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.
 
sultan62

sultan62

Regular Member
Joined
Jul 2, 2010
Messages
1,311
Location
Clayton, NC
Carry24/7 said:
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.
Click to expand...

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.
 
You must log in or register to reply here.
Top