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Recording Police Detainment

g17585

New member
Joined
Aug 20, 2010
Messages
8
Location
Southern NH
Is it legal to record a police encounter In New Hampshire (audio, video or both)? I have looked at the laws and it is very complicated as to what is legal. I've also heard that NH is a two-party consent state but I don't know for sure. I have also seen videos on YouTube of police stop recordings so it seems legal but, again, I'm not sure.

Thank you.
 

doobie

Regular Member
Joined
May 14, 2008
Messages
233
Location
, ,
Is it legal to record a police encounter In New Hampshire (audio, video or both)? I have looked at the laws and it is very complicated as to what is legal. I've also heard that NH is a two-party consent state but I don't know for sure. I have also seen videos on YouTube of police stop recordings so it seems legal but, again, I'm not sure.

Thank you.

It is legal to record government employees in the course of their duty, however you'll may become threatened, arrested, and charged. However charges will likely be dropped at some point and you won't likely get convicted.
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
It's illegal to record a LEO without his consent. You have to inform him/her you are recording and they can tell you to shut it off and you have to comply.
The gentleman may wish to research what Judge Edward Tenney ruled in the William Alleman case when he was charged with wiretapping as a result of his encounter with Officer Brandon Montplaisir during the traffic stop on July 10, 2010.
Oh, and please peruse Glik v. Cunniffe.
 
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Fallschirjmäger

Active member
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Messages
3,823
Location
Cumming, Georgia, USA
You're right, that changed without me knowing. That's good to know! Sorry about that misinformation, please disregard it.
What? Ya din' do nuthin' wrong. :)
It's not that anything changed really, but it did finally take a court case to explain that "... exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation..." meant that unless there was an expectation of privacy then the wiretapping rule did not apply.
 
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Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
Doing a web-search for the parties involved did not produce any returns I could cite, so I wrote to Mr. Seth Hipple, the attorney involved in the case above. I was heartened by his response.
"...Mr. Unpronounceable Name,

Ah, yes, OCDO. I met many of the people involved in founding that forum when I was in law school in Virginia.

The order is public record so there are no confidentiality issues with me sending it to you. It is attached. Of course, for my own protection, I must tell you that I'm not your attorney, nothing in this e-mail is legal advice, and this e-mail doesn't create a lawyer-client relationship.

Regards,
--
Seth J. Hipple, Esq...."

And the text of the attached:
NHvAlleman1.png

NHvAlleman2.png

NHvAlleman3.png


I tried to copy and paste from the .pdf file but was unsuccessful, sorry.
 
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ScottNH

Regular Member
Joined
Sep 10, 2006
Messages
140
Location
Live Free or Die, ,
Doing a web-search for the parties involved did not produce any returns I could cite, so I wrote to Mr. Seth Hipple, the attorney involved in the case above. I was heartened by his response.


And the text of the attached:
NHvAlleman1.png

NHvAlleman2.png

NHvAlleman3.png


I tried to copy and paste from the .pdf file but was unsuccessful, sorry.

Thank you for posting this. It is extremely helpful.
 
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