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Using a Recorder

D

drew9

Regular Member
Joined
Jan 11, 2012
Messages
81
Location
Charlotte
I have tried to search the forums for the answer to this but no luck, so I'm sorry if this is a double post. I understand the purpose of using a recorder, but what I am wondering is, is it legal to record without telling the officer that i am recording?
 
ArmySoldier22

ArmySoldier22

Regular Member
Joined
Aug 21, 2011
Messages
406
Location
Concord, NC
It sure is. You can record any conversation that you're a part of. Now recording someone elses conversation without them knowing it, that's illegal. But as long as you are part of the conversation with the officer, you're good. But keep in mind most of them don't like it. The one run-in I had with an LEO wasn't even about me carrying, he just got POed because he found out I was recording the conversation.

They don't like having to answer for their words later on.
 
G22shooter

G22shooter

Campaign Veteran
Joined
Mar 24, 2011
Messages
250
Location
Concord, North Carolina
ArmySoldier22 said:
It sure is. You can record any conversation that you're a part of. Now recording someone elses conversation without them knowing it, that's illegal. But as long as you are part of the conversation with the officer, you're good. But keep in mind most of them don't like it. The one run-in I had with an LEO wasn't even about me carrying, he just got POed because he found out I was recording the conversation.

They don't like having to answer for their words later on.
Click to expand...

ArmySoldier22 is 100% right. North Carolina is a single party consent state.
 
bc.cruiser

bc.cruiser

Regular Member
Joined
Apr 2, 2011
Messages
786
Location
Fayetteville NC
And in case you go there, here are the 12 states in which you CANNOT record audio without the consent of everyone around:
CA CT FL IL MA MD MI MT NV NH PA WA
 
Uber_Olafsun

Uber_Olafsun

Regular Member
Joined
Dec 9, 2009
Messages
583
Location
Alexandria, Virginia, United States
bc.cruiser said:
And in case you go there, here are the 12 states in which you CANNOT record audio without the consent of everyone around:
CA CT FL IL MA MD MI MT NV NH PA WA
Click to expand...

Police dont fall under that protection. Public official in performance of duties. There was the case in MD that an off duty pulled over a motorcycle guy who was speeding with a head cam. They tried the wiretapping law to charge him and I can't remember if it was tossed out or just dropped.
 
D

drew9

Regular Member
Joined
Jan 11, 2012
Messages
81
Location
Charlotte
bc.cruiser said:
And in case you go there, here are the 12 states in which you CANNOT record audio without the consent of everyone around:
CA CT FL IL MA MD MI MT NV NH PA WA
Click to expand...

Thanks for that :) fortunately I don't frequent any of those, only nc, sc, and ar. I used to live in MD, and while I still have family there, I tell them they can come visit me. I'm not going anywhere near there if I can help it :p
 
WTFOVER

WTFOVER

Regular Member
Joined
Mar 8, 2011
Messages
111
Location
WNC
Its a little different then just recording when being stopped but non the less shows you how this judge ruled.

After recording police, Fla. man found guilty
In a video shot in a public parking lot, officers are heard telling Jeff Patch to step back.

By PoliceOne Staff

TAMPA, Fla. — A man arrested and charged with resisting and obstructing an officer put officers' safety at risk by videotaping a police investigation, a judge in Tampa ruled Thursday.

In the video shot in a public parking lot, officers are heard telling Jeff Patch to step back. Patch testified he recorded the officers in order to protect everyone involved and claimed he wasn't in the way, according to My Fox Tampa Bay. Police said he "added more chaos to a chaotic situation," putting officers in danger even if he wasn't outwardly violent or making threats.

"I asked the defendant to step back and move away from me due to his proximity being a distraction and being a officer safety issue," Tampa Police Chief Harris said.

The court found Patch guilty of obstructing an officer and gave him 30 days to appeal the decision.

"It's Mr. Patch's legal right to record. I'm not disputing that whatsoever," the judge said, adding that Patch did not need to inject himself into the situation as he did.
Click to expand...


http://www.policeone.com/Officer-Sa...-After-recording-police-Fla-man-found-guilty/
 
ncwabbit

ncwabbit

Regular Member
Joined
Nov 2, 2011
Messages
670
Location
rural religious usa
uber...

Judge says man within rights to record police traffic stop

Charges alleging wire tap violation thrown out

September 27, 2010|By Peter Hermann, The Baltimore Sun

In a decision that could make it easier for citizens to record police officers in Maryland, a Harford County judge ruled Monday that state police and prosecutors were wrong to arrest and charge a man for taping his own traffic stop and posting it on the Internet.

Circuit Court Judge Emory A. Plitt Jr.'s ruling helps clarify the state's wire tap law and makes it clear that police officers enjoy little expectation of privacy as they perform their duties

http://articles.baltimoresun.com/20...-20100927_1_police-officers-plitt-cell-phones

as everyone knows motorcyclist & family went through hell for a couple months due to harrasment.
http://www.pixiq.com/article/maryla...n-wiretapping-charge-for-filming-cop-with-gun

wabbit

ps: of course nothing happened to the 'undercover' le who drew down on motorcyclist...sigh
 
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