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Thread: "Law Against Recording Of On-The-Job Cops Is Unconstitutional"

  1. #1
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    "Law Against Recording Of On-The-Job Cops Is Unconstitutional"

    http://www.hardocp.com/news/2011/08/...constitutional

    Looks like everyone in the US of A will be able to continue this very needed ability without repercussion. Nice to see anyway.

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    Guess I need a recorder.
    Bet this pisses that cop off we seen in the Video from Vegas. BwaaHa

  3. #3
    Regular Member TheQ's Avatar
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    First Circuit doesn't apply to MI. Thankfully we have no such silly law.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    Regular Member xmanhockey7's Avatar
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    To quote a cop I know "Why the hell would there be a law against it? What is that police officer doing that he wouldn't want it to be shown in court?"
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Quote Originally Posted by TheQ View Post
    First Circuit doesn't apply to MI. Thankfully we have no such silly law.
    This was more of interest than anything as it was a federal court. I thought some may enjoy the read. Sorry to have put something up that you think has no interest to people in MI.

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    Michigan's law on this subject is actually very very nice.

    As long as one active participant in a conversation knows that it is being recorded, the recording is perfectly legal and will hold up in court.

  7. #7
    Regular Member TheQ's Avatar
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    It is interesting -- grant you. I just wanted to note for some folks it's not applicable to MI.

    Thanks for the post.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  8. #8
    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by Kusala View Post
    This was more of interest than anything as it was a federal court. I thought some may enjoy the read. Sorry to have put something up that you think has no interest to people in MI.
    Yes it is interesting... and yes, it does not apply in Michigan.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer – I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    You guys are wound to tight. I will refrain from posting again.

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    Quote Originally Posted by Kusala View Post
    You guys are wound to tight. I will refrain from posting again.
    They're wound to tight? Dude, they are just pointing out to the many people who will read your link that it is not applicable to Michigan. Without that piece of info, I am certain most would think that it would be. Not everyone understands the Federal Appeals Court System. No one said your link sucked or take it down, just clarifying.

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    Regular Member dougwg's Avatar
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    Quote Originally Posted by Kusala View Post
    You guys are wound to tight. I will refrain from posting again.
    Geez... did you not get enough hugs as a child?

    Thank you for the post and lighten up.
    Last edited by dougwg; 08-31-2011 at 10:03 AM.

  12. #12
    Regular Member TheQ's Avatar
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    What they said. BTW, please review to, too, and two in the dictionary
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    Quote Originally Posted by TheQ View Post
    What they said. BTW, please review to, too, and two in the dictionary
    Quote Originally Posted by scot623 View Post
    They're wound to tight? Dude, they are just pointing out to the many people who will read your link that it is not applicable to Michigan. Without that piece of info, I am certain most would think that it would be. Not everyone understands the Federal Appeals Court System. No one said your link sucked or take it down, just clarifying.
    Point proven I just figured as with all the recordings on this site it would have been granted and just because we have a good law about recording does not mean it can never be changed or challenged.
    Last edited by Kusala; 08-31-2011 at 04:28 PM.

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    Your post was appreciated, and the topic is relevant, if not legally applicable.

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    Quote Originally Posted by TheQ View Post
    What they said. BTW, please review to, too, and two in the dictionary
    And tutu.

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    Quote Originally Posted by kubel View Post
    Your post was appreciated, and the topic is relevant, if not legally applicable.
    Thank you. Just trying two help and keep people informed of whats going on. That is all I was trying two do.

    Dam did the to, too and two wrong again.

    Quote Originally Posted by dougwg View Post
    Geez... did you not get enough hugs as a child?

    Thank you for the post and lighten up.
    I am not that serious. I am not wound up. I was just surprised people jumping on it relevancy.
    Last edited by Kusala; 09-01-2011 at 11:17 PM.

  17. #17
    Regular Member PDinDetroit's Avatar
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    It's good that you posted this, has been posted in other firearms forums as well. As others have stated, it just does not apply to us in MI as we are in the 6th District US COA and have no such stupid law. I do believe that this will end up applying "all over" at some point and is good information to have...

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    Quote Originally Posted by dragongtr View Post
    Michigan's law on this subject is actually very very nice.

    As long as one active participant in a conversation knows that it is being recorded, the recording is perfectly legal and will hold up in court.
    The problem with a lot of these cases isn't that they are not being held up in court. A lot (not all) of these people are being found not guilty... But that is not stopping them from getting arrested in the first place...

  19. #19
    Regular Member DanM's Avatar
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    Quote Originally Posted by Kusala
    I am not that serious. I am not wound up.
    This is a discussion board, and your response to some of the discussion seems to belie that.

    Good post, I appreciate it, and I appreciate others clarifying applicability to Michigan.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    “He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.”--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

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    Quote Originally Posted by DanM View Post
    This is a discussion board, and your response to some of the discussion seems to belie that.

    Good post, I appreciate it, and I appreciate others clarifying applicability to Michigan.
    First thanks for the input. Second my posts were matter of fact, not wound up or condescending.

  21. #21
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Kusala View Post
    You guys are wound to tight. I will refrain from posting again.
    Pull my finger it helps me unwind...

  22. #22
    Regular Member WalkingWolf's Avatar
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    Wonder where the ACLU is on this~~I would hope at some point this gets ruled on by SCOTUS. The sooner the better.

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