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Posted to alt.home.repair,misc.legal,alt.law-enforcement
James Gagney James Gagney is offline
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Default Not home repair, per set ... but voice recording home repairmenquestion

On Thu, 20 Sep 2012 00:52:59 -0500, deadrat wrote:

I was pulled over in public. And, the law has exceptions. But, my read
of the law was that it was an exception for ME.
Not for him.


How could it be an exception for you? You weren't doing the recording.


Maybe I wasn't clear.

Here's what happened:
a) He pulled me over for speeding (34 mph in a 25 mph zone)
b) I said I wasn't speeding & that I wanted to see the radar reading
c) He got nasty verbally - and then after a few sentences where I said it
was my right to see the reading - he pulled out his recorder and turned
iton
d) Truthfully, I didn't even realize what he was doing when he fumbled
with his shirt pocket until I got back in the car and was waiting for the
ticket. It was only then I realized he got 'nice' only AFTER he turned
the recorder on and said a bunch of things which sounded like he was
ALREADY in court.
e) Afterward, I realized he changed his attitude for the recording and I
wished I had said "you didn't say that a minute ago" or something like
that to put it on his own recording.

Anyway, all that is over (I paid the ticket because it's easier not to
fight it).

Reading the California law, it seems that I can record the conversation -
but that HE can not without my consent. You might assume that I gave
consent because he turned it on in front of me - but - I didn't realize
what it was at the time and he certainly didn't ask me for permission.

So, may I ask:
Given the California law we all read which gives an exception for
recording 'government' activity without prior consent:
http://www.citmedialaw.org/legal-gui...-recording-law
Does that law also give the GOVERNMENT that right - (i.e., does it give
the police the right to record the traffic stop on a hand held device) or
does it give the only the PUBLIC the right to record government activity
without consent?