imported post
Glock27Bill wrote:
Here's the cite:
§ 8.01-420.2. Limitation on use of recorded conversations as evidence.
No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded or
(ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment of a marriage. The parties' knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded. This section shall not apply to emergency reporting systems operated by police and fire departments and by rescue squads, nor to any communications common carrier utilizing service observing or random monitoring pursuant to §
19.2-62.
(1983, c. 503; 1992, c. 567.)
So in the context that we all carry recorders for (LEO encounters), what actions might a LEO take that would be considered criminal conduct? Is erroneously requesting a permit for open carrying crinimal conduct? What about just give you grief for carrying? Is a civil rights claim criminal conduct?
I am a lawyer, but not an attorney, and I am not your attorney. Having gotten that out of the way, the
Code section cited above pertains only to the recording of telephone conversations. Regarding the recording of conversations with LEO, the advice varies depending on who is giving and who is receiving the advice.
Expect most LEOs to have digital voice recorders of their own. They may not be obvious, but they are probably present.
As a practical matter, one should say both their own name and the names of the LEOs involved so that the namesare recorded - memory is sometimes very unreliable. It never hurts <that's a HINT> to say the LEO's name every time you are talking to them. That way the recording can identify who is present and who said what. If you can pull it off,a goodtechniqueis torepeat what the LEO says - such as "Officer Jones, I hear you saying xxx. Did I undersatand you correctly?" or "Officer Jones, I heard Captain Smith tell you yyy. Is that what you heard him say?"
At other times you may be too busy trying to figure things out to remember those tricks of the recording trade. Just do your best trying to get as many names in as you can if that's all you can do.
In most situations it is not going to be a hotly adversarial situation unless you let it escalate. Keep your cool. Remain polite. Try to always think before you say anything. Do remember that anything you said before you were told you are now under arrest can be used against you, just as they can use anything you choose to say after you are placed under arrest. Remember that thinking part.
Now, some folks say I have a loud and possibly abrasive voice. I say I have a hearing disability and need to speak that loudly in order to hear myself. The fact that it draws attention to myself, and occassionally a crowd of like-minded individuals to see what's going on, is just an unintended consequence. But whyever they arrived, witnesses are a Good Thing
[suP]TM[/suP].
As for the last question - "Is a civil rights claim criminal conduct?" - my answer is that it is criminal conduct only if the Justice Department prosecutes for violation of your civil rights. Otherwise it is a civil tort. YMMV.
stay safe.
skidmark