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#1
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Not home repair, per set ... but voice recording home repairmenquestion
Do you know of a good voice activated voice recorder that uses AA
batteries? A while back, I had an air conditioning guy try to swindle me (he told me point blank after I paid him $200 to test my AC that I needed an entire new air conditioning system when the problem wasn't even related to the home AC. The problem was a bad circuit breaker in the main fuse panel!). So, from now on, I want to RECORD these guys quoting me stuff, just in case. My wife uses an Olympus VN-8100PC, is voice activated and lasts for about 24 hours - and the MP3 files can be transferred by USB to the PC - but the batteries are AAA (triple A) and I hate triple A things! Do you know of a good voice activated voice recorder that uses AA batteries? PS: Is it legal to stick a voice recorder in my pocket when talking to these guys? (I think it is but I'm not in the legal profession.) ------------------- Why you ask do I hate AAA? Because they give have the life for the same amount of money as AA and because I then have to stock yet another size battery when I'm already stocking C (kids toys) and D (flashlights) and 9V (smoke alarms), and my battery charger doesn't handle AAA batteries, etc. |
#2
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Not home repair, per set ... but voice recording home repairmen question
James Gagney wrote:
Do you know of a good voice activated voice recorder that uses AA batteries? A while back, I had an air conditioning guy try to swindle me (he told me point blank after I paid him $200 to test my AC that I needed an entire new air conditioning system when the problem wasn't even related to the home AC. The problem was a bad circuit breaker in the main fuse panel!). So, from now on, I want to RECORD these guys quoting me stuff, just in case. My wife uses an Olympus VN-8100PC, is voice activated and lasts for about 24 hours - and the MP3 files can be transferred by USB to the PC - but the batteries are AAA (triple A) and I hate triple A things! Do you know of a good voice activated voice recorder that uses AA batteries? PS: Is it legal to stick a voice recorder in my pocket when talking to these guys? (I think it is but I'm not in the legal profession.) ------------------- Why you ask do I hate AAA? Because they give have the life for the same amount of money as AA and because I then have to stock yet another size battery when I'm already stocking C (kids toys) and D (flashlights) and 9V (smoke alarms), and my battery charger doesn't handle AAA batteries, etc. I had to make secret recordings once at work. They told me to do it. I had to keep changing batteries. I had to do it for hours. I don't see you needing much time. Greg |
#3
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Not home repair, per set ... but voice recording home repairmen question
James Gagney wrote:
PS: Is it legal to stick a voice recorder in my pocket when talking to these guys? (I think it is but I'm not in the legal profession.) Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington). Best do a web search. |
#4
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Not home repair, per set ... but voice recording home repairmenquestion
On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote:
James Gagney wrote: PS: Is it legal to stick a voice recorder in my pocket when talking to these guys? (I think it is but I'm not in the legal profession.) Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington). Best do a web search. So ask for their consent. As a contractor, I might think it a little strange, but it wouldn't be a deal breaker unless your plan is to lie. |
#5
Posted to alt.home.repair,misc.legal
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Not home repair, per set ... but voice recording home repairmenquestion
On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote:
Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? |
#6
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Not home repair, per set ... but voice recording home repairmenquestion
On Wed, 19 Sep 2012 03:07:30 +0000, thunder wrote:
So ask for their consent. I don't think you need consent to record a conversation between two people standing right next to each other - but the idea of asking them is similar to the tactic I used when calling phone support. I 'tell' them I'm recording it - that way I ensure they give more honest answers, even though I'm not recording it. |
#7
Posted to alt.home.repair,misc.legal
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Not home repair, per set ... but voice recording home repairmen question
In article ,
James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? He just stated that he doesn't have a cite. "Absence of evidence ..." |
#8
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Not home repair, per set ... but voice recording home repairmen question
On Wed, 19 Sep 2012 16:05:06 +0000 (UTC), James Gagney
wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Search the state statutes or court rulings. http://www.leginfo.ca.gov/statute.html |
#9
Posted to alt.home.repair,misc.legal
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Not home repair, per set ... but voice recording home repairmenquestion
On 9/19/12 11:22 AM, Oren wrote:
On Wed, 19 Sep 2012 16:05:06 +0000 (UTC), James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Search the state statutes or court rulings. http://www.leginfo.ca.gov/statute.html The relevant section of the California statutes: quote section="632" paragraph="a" Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. ..... /quote The key word is "confidential." It's illegal in Calilfornia to record a conversation without permission of all parties, when those parties have an expectation of privacy. Generally, you don't have an expectation of privacy in public, so "man-on-the-street" interviews are probably safe to record, but if it ever came to court, a jury would decide. |
#10
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Not home repair, per set ... but voice recording home repairmen question
On Sep 19, 1:23*pm, deadrat wrote:
On 9/19/12 11:22 AM, Oren wrote: On Wed, 19 Sep 2012 16:05:06 +0000 (UTC), James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Search the state statutes or court rulings. http://www.leginfo.ca.gov/statute.html The relevant section of the California statutes: quote section="632" paragraph="a" Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. .... /quote The key word is "confidential." *It's illegal in Calilfornia to record a conversation without permission of all parties, when those parties have an expectation of privacy. *Generally, you don't have an expectation of privacy in public, so "man-on-the-street" interviews are probably safe to record, but if it ever came to court, a jury would decide.- Hide quoted text - - Show quoted text - I've heard this discussed many times in the media. And it is true that in a few states it's against the law to record conversations, even those that occur face to face, without informing the other party. A I recall, the last big stink over this kind of recording came up a few years ago when a motorist recorded a cop during a routine traffic stop. The guy was arrested for it. Really dumb. I think it was Maryland. It also was an issue in the Clinton/Lewinsky scandal because as I recall, Linda Tripp had recorded phone conversations without the consent of the other party, which was illegal in whatever state she lived in. |
#11
Posted to alt.home.repair,misc.legal
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Not home repair, per set ... but voice recording home repairmen question
On Wed, 19 Sep 2012 12:23:44 -0500, deadrat wrote:
On 9/19/12 11:22 AM, Oren wrote: On Wed, 19 Sep 2012 16:05:06 +0000 (UTC), James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Search the state statutes or court rulings. http://www.leginfo.ca.gov/statute.html The relevant section of the California statutes: quote section="632" paragraph="a" Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. .... /quote The key word is "confidential." It's illegal in Calilfornia to record a conversation without permission of all parties, when those parties have an expectation of privacy. Generally, you don't have an expectation of privacy in public, so "man-on-the-street" interviews are probably safe to record, but if it ever came to court, a jury would decide. I noticed "confidential". You make a point. "man-on-the-street" -- BTDT Stuck a recorder in the middle of a desk once (Florida). People talk funny when they know they are being recorded. They get all pleasant; stuff like that. Six months later they wrote even more into the federal policy. Heck, they can teach classes about me. |
#12
Posted to alt.home.repair,misc.legal
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Not home repair, per set ... but voice recording home repairmen question
On Sep 19, 12:05*pm, James Gagney
wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Yes, look up the wiretapping laws... You can make recordings of people when the devices used to make the recording are not concealed, when in public no consent is required... Covert recordings require two-party consent unless you want to be slapped with a wiretapping charge... |
#13
Posted to alt.home.repair,misc.legal
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Not home repair, per set ... but voice recording home repairmenquestion
On 9/19/2012 9:05 AM, James Gagney wrote:
On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Here is a good web site to use http://www.citmedialaw.org/legal-gui...-recording-law |
#14
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Not home repair, per set ... but voice recording home repairmenquestion
On 9/19/12 1:21 PM, Evan wrote:
On Sep 19, 12:05 pm, James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Yes, look up the wiretapping laws... You can make recordings of people when the devices used to make the recording are not concealed, when in public no consent is required... Covert recordings require two-party consent unless you want to be slapped with a wiretapping charge... None of these statements is true in general. Anyone who wants to record conversations legally needs to check the laws of his jurisdiction. Most laws pertain to wiretapping and not face-to-face conversation, but California's law is broader. Some states require only one-party consent, so that you can record your own phone conversations; some states require two-party. When consent is required and denied, it will be no defense to claim that the device was "not concealed." Generally, there is no expectation of privacy in public, but California's law covers "confidential" conversations. |
#15
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Not home repair, per set ... but voice recording home repairmen question
On Sep 19, 1:51*pm, richard wrote:
On Wed, 19 Sep 2012 16:05:06 +0000 (UTC), James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Most such laws pertain to telecommunications (wire tapping) devices. If the conversation is truly "in the public eye", then there is no need to ask permission. As expectation of privacy has been diminished. That's how tv camera crews get away with video recording people being investigated by the cops. Even though bad ass cops who don't know the laws will use their muscle and get you to stop recording. Just record it. If it gets to court, let the judge decide. Which judge? The civil case judge if he sues the contractor and the judge won't allow the recording as evidence because it's illegal? Or the criminal judge after the contractor has criminal charges filed against him for making an illegal recording? As was correctly pointed out, in a few states it's a criminal offense to make a recording as the OP intends to do. |
#16
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Not home repair, per set ... but voice recording home repairmen question
wrote in message ... On Sep 19, 1:23 pm, deadrat wrote: On 9/19/12 11:22 AM, Oren wrote: On Wed, 19 Sep 2012 16:05:06 +0000 (UTC), James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Search the state statutes or court rulings. http://www.leginfo.ca.gov/statute.html The relevant section of the California statutes: quote section="632" paragraph="a" Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. .... /quote The key word is "confidential." It's illegal in Calilfornia to record a conversation without permission of all parties, when those parties have an expectation of privacy. Generally, you don't have an expectation of privacy in public, so "man-on-the-street" interviews are probably safe to record, but if it ever came to court, a jury would decide.- Hide quoted text - - Show quoted text - I've heard this discussed many times in the media. And it is true that in a few states it's against the law to record conversations, even those that occur face to face, without informing the other party. You may need to check back on that To the best of my knowledge Open recording where the participant KNOWS he is being recorded is legal, since effectively with the knowledge the participant is implying consent The alternative is to state that the conversation is over if the recording continues. A I recall, the last big stink over this kind of recording came up a few years ago when a motorist recorded a cop during a routine traffic stop. The guy was arrested for it. Really dumb. I think it was Maryland. Meanwhile, a Federal Appeals court has declared that recording police is a constitutionally protected right in the best interest of society http://peacefreedomprosperity.com/5618/federal-court-rules-videotaping-police-is-a-first-amendment-right/ " The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles. Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting "the free discussion of governmental affairs." Mills v. Alabama, 384 U.S. 214, 218" Not sure if the US Supreme Court has ruled on that It also was an issue in the Clinton/Lewinsky scandal because as I recall, Linda Tripp had recorded phone conversations without the consent of the other party, which was illegal in whatever state she lived in. And did she get prosecuted for it ? |
#17
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Not home repair, per set ... but voice recording home repairmen question
On Wed, 19 Sep 2012 11:21:09 -0700 (PDT), Evan
wrote: Covert recordings require two-party consent unless you want to be slapped with a wiretapping charge... Giggle. |
#18
Posted to alt.home.repair,misc.legal
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Not home repair, per set ... but voice recording home repairmen question
"James Gagney" wrote in message ... On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? In any case, it is an unenforceable crime, so I will (and do) break it regularly. I purchased a Tascam GT-R1 recorder which is small enough to hide in my pocket, sensitive enough to pick up any and all conversations (and music) in the area, and has excellent fidelity. So the liberals stupid law can't be enforced anyway, and was made to be broken by all reasonable human beings. |
#19
Posted to alt.home.repair,misc.legal
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Not home repair, per set ... but voice recording home repairmen question
wrote in message ... On Sep 19, 1:23 pm, deadrat wrote: On 9/19/12 11:22 AM, Oren wrote: On Wed, 19 Sep 2012 16:05:06 +0000 (UTC), James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Search the state statutes or court rulings. http://www.leginfo.ca.gov/statute.html The relevant section of the California statutes: quote section="632" paragraph="a" Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. .... /quote The key word is "confidential." It's illegal in Calilfornia to record a conversation without permission of all parties, when those parties have an expectation of privacy. Generally, you don't have an expectation of privacy in public, so "man-on-the-street" interviews are probably safe to record, but if it ever came to court, a jury would decide.- Hide quoted text - - Show quoted text - I've heard this discussed many times in the media. And it is true that in a few states it's against the law to record conversations, even those that occur face to face, without informing the other party. A I recall, the last big stink over this kind of recording came up a few years ago when a motorist recorded a cop during a routine traffic stop. The guy was arrested for it. Really dumb. I think it was Maryland. It also was an issue in the Clinton/Lewinsky scandal because as I recall, Linda Tripp had recorded phone conversations without the consent of the other party, which was illegal in whatever state she lived in. From my long observation of the American scene, I can tell you that it is only illegal if a conservative records the stupidity of a liberal. In all other instances, it is perfectly legal...:^) |
#20
Posted to alt.home.repair,misc.legal
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Not home repair, per set ... but voice recording home repairmen question
"richard" wrote in message .. . On Wed, 19 Sep 2012 16:05:06 +0000 (UTC), James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Most such laws pertain to telecommunications (wire tapping) devices. If the conversation is truly "in the public eye", then there is no need to ask permission. As expectation of privacy has been diminished. That's how tv camera crews get away with video recording people being investigated by the cops. Even though bad ass cops who don't know the laws will use their muscle and get you to stop recording. Just record it. If it gets to court, let the judge decide. Yeah, but if you are using a multi- hundred/thousand device, such as an expensive camera, you risk getting it trashed by the cop and/or person you are recording. This is where, the new electronics really comes to your aid. They are making devices that are so small they can actually run them up your arteries and take pictures of your insides. It would be very easy to install such a device in your car that would record the cop while you are getting a ticket without his knowledge. After all, the cops themselves do it with their bait cars, and use the recordings in court against the car thief. (as well as sell them to the TV show producers) |
#21
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Not home repair, per set ... but voice recording home repairmenquestion
On 9/19/12 2:04 PM, Atila Iskander wrote:
wrote in message ... On Sep 19, 1:23 pm, deadrat wrote: On 9/19/12 11:22 AM, Oren wrote: On Wed, 19 Sep 2012 16:05:06 +0000 (UTC), James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Search the state statutes or court rulings. http://www.leginfo.ca.gov/statute.html The relevant section of the California statutes: quote section="632" paragraph="a" Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. .... /quote The key word is "confidential." It's illegal in Calilfornia to record a conversation without permission of all parties, when those parties have an expectation of privacy. Generally, you don't have an expectation of privacy in public, so "man-on-the-street" interviews are probably safe to record, but if it ever came to court, a jury would decide.- Hide quoted text - - Show quoted text - I've heard this discussed many times in the media. And it is true that in a few states it's against the law to record conversations, even those that occur face to face, without informing the other party. You may need to check back on that To the best of my knowledge Open recording where the participant KNOWS he is being recorded is legal, since effectively with the knowledge the participant is implying consent The alternative is to state that the conversation is over if the recording continues. A I recall, the last big stink over this kind of recording came up a few years ago when a motorist recorded a cop during a routine traffic stop. The guy was arrested for it. Really dumb. I think it was Maryland. Meanwhile, a Federal Appeals court has declared that recording police is a constitutionally protected right in the best interest of society http://peacefreedomprosperity.com/5618/federal-court-rules-videotaping-police-is-a-first-amendment-right/ " The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles. Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting "the free discussion of governmental affairs." Mills v. Alabama, 384 U.S. 214, 218" Not sure if the US Supreme Court has ruled on that It also was an issue in the Clinton/Lewinsky scandal because as I recall, Linda Tripp had recorded phone conversations without the consent of the other party, which was illegal in whatever state she lived in. And did she get prosecuted for it ? Yep. Maryland. |
#22
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Not home repair, per set ... but voice recording home repairmenquestion
On 9/19/12 3:44 PM, Bill Graham wrote:
"James Gagney" wrote in message ... On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? In any case, it is an unenforceable crime, so I will (and do) break it regularly. I purchased a Tascam GT-R1 recorder which is small enough to hide in my pocket, sensitive enough to pick up any and all conversations (and music) in the area, and has excellent fidelity. So the liberals stupid law can't be enforced anyway, and was made to be broken by all reasonable human beings. The "liberals [sic] stupid law" is there to protect your privacy and everyone else's. |
#23
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Not home repair, per set ... but voice recording home repairmenquestion
On 9/19/12 3:49 PM, Bill Graham wrote:
wrote in message ... On Sep 19, 1:23 pm, deadrat wrote: On 9/19/12 11:22 AM, Oren wrote: On Wed, 19 Sep 2012 16:05:06 +0000 (UTC), James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Search the state statutes or court rulings. http://www.leginfo.ca.gov/statute.html The relevant section of the California statutes: quote section="632" paragraph="a" Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. .... /quote The key word is "confidential." It's illegal in Calilfornia to record a conversation without permission of all parties, when those parties have an expectation of privacy. Generally, you don't have an expectation of privacy in public, so "man-on-the-street" interviews are probably safe to record, but if it ever came to court, a jury would decide.- Hide quoted text - - Show quoted text - I've heard this discussed many times in the media. And it is true that in a few states it's against the law to record conversations, even those that occur face to face, without informing the other party. A I recall, the last big stink over this kind of recording came up a few years ago when a motorist recorded a cop during a routine traffic stop. The guy was arrested for it. Really dumb. I think it was Maryland. It also was an issue in the Clinton/Lewinsky scandal because as I recall, Linda Tripp had recorded phone conversations without the consent of the other party, which was illegal in whatever state she lived in. From my long observation of the American scene, I can tell you that it is only illegal if a conservative records the stupidity of a liberal. In all other instances, it is perfectly legal...:^) From my long observation of misc.legal, I can report that you're an abyssal ignoramus. Those on alt.home.repair are given fair warning. |
#24
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Not home repair, per set ... but voice recording home repairmen question
On Sep 19, 3:04*pm, "Atila Iskander" wrote:
wrote in message ... On Sep 19, 1:23 pm, deadrat wrote: On 9/19/12 11:22 AM, Oren wrote: On Wed, 19 Sep 2012 16:05:06 +0000 (UTC), James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Search the state statutes or court rulings. http://www.leginfo.ca.gov/statute.html The relevant section of the California statutes: quote section="632" paragraph="a" Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. .... /quote The key word is "confidential." *It's illegal in Calilfornia to record a conversation without permission of all parties, when those parties have an expectation of privacy. *Generally, you don't have an expectation of privacy in public, so "man-on-the-street" interviews are probably safe to record, but if it ever came to court, a jury would decide.- Hide quoted text - - Show quoted text - I've heard this discussed many times in the media. *And it is true that in a few states it's against the law to record conversations, even those that occur face to face, without informing the other party. You may need to check back on that To the best of my knowledge Open recording where the participant KNOWS he is being recorded is legal, since effectively with the knowledge the participant is implying consent Check back on what? I said: "And it is true that in a few states it's against the law to record conversations, even those that occur face to face, without informing the other party." That is consistent with what you just posted. It also was an issue in the Clinton/Lewinsky scandal because as I recall, Linda Tripp had recorded phone conversations without the consent of the other party, which was illegal in whatever state she lived in. And did she get prosecuted for it ?- Hide quoted text - Yes. Tripp was indicted and I think it got as far as some pretrial hearings on what evidence could be used, etc. Her case was unique in that she had received immunity from prosecution in exchange for her testimory in the Lewinsky case and that covered a good portion of the recordings and case against her. Ultimately the prosecution dropped the case. |
#25
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Not home repair, per set ... but voice recording home repairmen question
On Sep 19, 5:09*pm, deadrat wrote:
On 9/19/12 3:44 PM, Bill Graham wrote: "James Gagney" wrote in message ... On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? In any case, it is an unenforceable crime, so I will (and do) break it regularly. I purchased a Tascam GT-R1 recorder which is small enough to hide in my pocket, sensitive enough to pick up any and all conversations (and music) in the area, and has excellent fidelity. So the liberals stupid law can't be enforced anyway, and was made to be broken by all reasonable human beings. The "liberals [sic] stupid law" is there to protect your privacy and everyone else's.- Hide quoted text - - Show quoted text - I don't know on what basis BG concludes it's a liberal law. It's a law in a few states. I don't know the history of how those laws were passed and by whom and I doubt BG does either. That kind of privacy issue, concerning what someone may or may not record, could just as well be argued by a conservative as well as a liberal |
#26
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Not home repair, per set ... but voice recording home repairmen question
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#28
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Not home repair, per set ... but voice recording home repairmen question
Well, that depends. Are we talking traditional US case law, or how the Oh
Bomb Us adminstration enforced things? Christopher A. Young Learn more about Jesus www.lds.org .. "deadrat" wrote in message ... On 9/19/12 3:49 PM, Bill Graham wrote: From my long observation of the American scene, I can tell you that it is only illegal if a conservative records the stupidity of a liberal. In all other instances, it is perfectly legal...:^) From my long observation of misc.legal, I can report that you're an abyssal ignoramus. Those on alt.home.repair are given fair warning. |
#29
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Not home repair, per set ... but voice recording home repairmenquestion
On Wed, 19 Sep 2012 12:23:44 -0500, deadrat wrote:
Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, Hey. I once was pulled over by a cop, and I argued with him, and he pulled out a recorder, and turned it on. Was that then illegal? |
#30
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Not home repair, per set ... but voice recording home repairmen question
James Gagney wrote:
Do you know of a good voice activated voice recorder that uses AA batteries? A while back, I had an air conditioning guy try to swindle me (he told me point blank after I paid him $200 to test my AC that I needed an entire new air conditioning system when the problem wasn't even related to the home AC. The problem was a bad circuit breaker in the main fuse panel!). So, from now on, I want to RECORD these guys quoting me stuff, just in case. My wife uses an Olympus VN-8100PC, is voice activated and lasts for about 24 hours - and the MP3 files can be transferred by USB to the PC - but the batteries are AAA (triple A) and I hate triple A things! Do you know of a good voice activated voice recorder that uses AA batteries? PS: Is it legal to stick a voice recorder in my pocket when talking to these guys? (I think it is but I'm not in the legal profession.) ------------------- Why you ask do I hate AAA? Because they give have the life for the same amount of money as AA and because I then have to stock yet another size battery when I'm already stocking C (kids toys) and D (flashlights) and 9V (smoke alarms), and my battery charger doesn't handle AAA batteries, etc. Just get it in writing. Greg |
#31
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Not home repair, per se ... but voice recording home repairmenquestion
On Tue, 18 Sep 2012 19:58:47 +0000, James Gagney wrote:
Do you know of a good voice activated voice recorder that uses AA batteries? UPDATE: The California voice recording law is apparently thus: http://www.citmedialaw.org/legal-gui...-recording-law California Recording Law Note: This page covers information specific to California. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide. California Wiretapping Law California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation. See Cal. Penal Code § 632. The statute applies to "confidential communications" -- i.e., conversations in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation. See Flanagan v. Flanagan, 41 P.3d 575, 576-77, 578-82 (Cal. 2002). A California appellate court has ruled that this statute applies to the use of hidden video cameras to record conversations as well. See California v. Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989). If you are recording someone without their knowledge in a public or semi- public place like a street or restaurant, the person whom you're recording may or may not have "an objectively reasonable expectation that no one is listening in or overhearing the conversation," and the reasonableness of the expectation would depend on the particular factual circumstances. Therefore, you cannot necessarily assume that you are in the clear simply because you are in a public place. If you are operating in California, you should always get the consent of all parties before recording any conversation that common sense tells you might be "private" or "confidential." In addition to subjecting you to criminal prosecution, violating the California wiretapping law can expose you to a civil lawsuit for damages by an injured party. See Cal. Penal Code § 637.2. Consult The Reporters Committee for Freedom of the Press's Can We Tape?: California for more information on California wiretapping law. California Law on Recording Court Hearings and Public Meetings Court Hearings In a California state courtroom, you may be able to use a recording device if specific requirements are met. Anyone may use an inconspicuous personal recording device for note-taking purposes with the advance permission of the judge. For photographing, recording (other than as above), or broadcasting a court proceeding, you must file official media coverage request forms. These forms must be filed with the court at least five days before the event to be covered. The court has broad discretion to grant or deny such requests based on a number of factors. See Rule 1.150 of the California Rules of Court for details. Federal courts in California are part of the Ninth Circuit. In Ninth Circuit appellate proceedings, cameras and recording devices are permitted at the discretion of the presiding panel of judges. To get permission, you need to file an Application for Permission to Photograph, Record, or Broadcast from the Courtroom three days in advance, although the panel can waive the advance notice requirement. Recording devices and cameras generally are prohibited in federal district courts in California. For information on your right of access to court proceedings, please consult the Access to Government Information section of the guide. Public Meetings If you attend a public meeting (i.e., a meeting of a governmental body required to be open to the public by law) in California, you may make an audio or video recording unless the state or local body holding the meeting determines that the recording disrupts the proceedings by noise, illumination, or obstruction of view. Cal. Gov't Code § 11124.1(a); Cal Gov't Code §§ 54953.5(a),-.6. For details on your right of access to public meetings, see the Access section and the The Reporters Committee for Freedom of the Press's Open Government Guide: California. For information on your right of access to public meetings, please consult the Access to Government Information section of the guide. |
#32
Posted to alt.home.repair,misc.legal
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Not home repair, per set ... but voice recording home repairmenquestion
On 9/19/12 6:37 PM, James Gagney wrote:
On Wed, 19 Sep 2012 12:23:44 -0500, deadrat wrote: Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, Hey. I once was pulled over by a cop, and I argued with him, and he pulled out a recorder, and turned it on. And then he apparently proceeded to beat you senseless. Did you file a complaint? Was that then illegal? Not in California. Not only were you in public -- where else could you have been "pulled over"? -- and thus had no expectation of privacy, but the law explicitly makes exceptions for LEOs in the performance of their duties. |
#33
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Not home repair, per set ... but voice recording home repairmen question
wrote in message ... On Sep 19, 3:04 pm, "Atila Iskander" wrote: wrote in message ... On Sep 19, 1:23 pm, deadrat wrote: On 9/19/12 11:22 AM, Oren wrote: On Wed, 19 Sep 2012 16:05:06 +0000 (UTC), James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Search the state statutes or court rulings. http://www.leginfo.ca.gov/statute.html The relevant section of the California statutes: quote section="632" paragraph="a" Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. .... /quote The key word is "confidential." It's illegal in Calilfornia to record a conversation without permission of all parties, when those parties have an expectation of privacy. Generally, you don't have an expectation of privacy in public, so "man-on-the-street" interviews are probably safe to record, but if it ever came to court, a jury would decide.- Hide quoted text - - Show quoted text - I've heard this discussed many times in the media. And it is true that in a few states it's against the law to record conversations, even those that occur face to face, without informing the other party. You may need to check back on that To the best of my knowledge Open recording where the participant KNOWS he is being recorded is legal, since effectively with the knowledge the participant is implying consent Check back on what? I said: "And it is true that in a few states it's against the law to record conversations, even those that occur face to face, without informing the other party." That is consistent with what you just posted. Actually, you need to read with more care Most of the recording laws have NOTHING to do with open recording When the recorder is obviously present, participation implies consent I'll wait for you to cite the actual laws that you claim to be in force. |
#34
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Not home repair, per set ... but voice recording home repairmen question
wrote in message ... On Sep 19, 5:09 pm, deadrat wrote: On 9/19/12 3:44 PM, Bill Graham wrote: "James Gagney" wrote in message ... On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? In any case, it is an unenforceable crime, so I will (and do) break it regularly. I purchased a Tascam GT-R1 recorder which is small enough to hide in my pocket, sensitive enough to pick up any and all conversations (and music) in the area, and has excellent fidelity. So the liberals stupid law can't be enforced anyway, and was made to be broken by all reasonable human beings. The "liberals [sic] stupid law" is there to protect your privacy and everyone else's.- Hide quoted text - - Show quoted text - I don't know on what basis BG concludes it's a liberal law. It's a law in a few states. I don't know the history of how those laws were passed and by whom and I doubt BG does either. That kind of privacy issue, concerning what someone may or may not record, could just as well be argued by a conservative as well as a liberal So you don't know where and when what laws were passed, but you still assert that such laws are in force ??? Hello ??? Come back WHEN you can cite ACTUAL law to support you claim to be somewhat credible. |
#35
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Not home repair, per set ... but voice recording home repairmenquestion
On 9/19/12 8:37 PM, Atila Iskander wrote:
wrote in message ... On Sep 19, 3:04 pm, "Atila Iskander" wrote: wrote in message ... On Sep 19, 1:23 pm, deadrat wrote: On 9/19/12 11:22 AM, Oren wrote: On Wed, 19 Sep 2012 16:05:06 +0000 (UTC), James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? Search the state statutes or court rulings. http://www.leginfo.ca.gov/statute.html The relevant section of the California statutes: quote section="632" paragraph="a" Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. .... /quote The key word is "confidential." It's illegal in Calilfornia to record a conversation without permission of all parties, when those parties have an expectation of privacy. Generally, you don't have an expectation of privacy in public, so "man-on-the-street" interviews are probably safe to record, but if it ever came to court, a jury would decide.- Hide quoted text - - Show quoted text - I've heard this discussed many times in the media. And it is true that in a few states it's against the law to record conversations, even those that occur face to face, without informing the other party. You may need to check back on that To the best of my knowledge Open recording where the participant KNOWS he is being recorded is legal, since effectively with the knowledge the participant is implying consent Check back on what? I said: "And it is true that in a few states it's against the law to record conversations, even those that occur face to face, without informing the other party." That is consistent with what you just posted. Actually, you need to read with more care Most of the recording laws have NOTHING to do with open recording When the recorder is obviously present, participation implies consent As far as I've looked, which isn't into all 51 jurisdictions, most recording laws concern wiretapping. California's law is different, and it applies to face-to-face conversations. In addition, the law doesn't mention "open" recording or use the words "participation" or "present." The law talks about consent. Knowing participation is evidence of consent, but whether it implies consent would be up to a jury. I'll wait for you to cite the actual laws that you claim to be in force. May I play? California Penal Code, Sections 630-638. There. Your wait is over. |
#36
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Not home repair, per set ... but voice recording home repairmenquestion
On Wed, 19 Sep 2012 18:58:18 -0500, deadrat wrote:
Not in California. Not only were you in public -- where else could you have been "pulled over"? -- and thus had no expectation of privacy, but the law explicitly makes exceptions for LEOs in the performance of their duties. 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. |
#37
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Not home repair, per set ... but voice recording home repairmenquestion
On 9/19/12 9:51 PM, James Gagney wrote:
On Wed, 19 Sep 2012 18:58:18 -0500, deadrat wrote: Not in California. Not only were you in public -- where else could you have been "pulled over"? -- and thus had no expectation of privacy, but the law explicitly makes exceptions for LEOs in the performance of their duties. 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. |
#38
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Not home repair, per set ... but voice recording home repairmen question
Smitty Two wrote:
In article , James Gagney wrote: On Tue, 18 Sep 2012 21:33:24 -0500, HeyBub wrote: Believe it or not, in a few jurisdictions it IS illegal to record a conversation without both parties consent (California I'm in California - and I don't see anything in the web that says you can't stick a recorder in your pocket to record man-on-the-street conversations. Do you have a cite? He just stated that he doesn't have a cite. "Absence of evidence ..." I did NOT say I didn't have a cite. Where'd you come up with that amazing claim? From The Reporters Committee for Freedom of the Press: "Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, and Washington. Be aware that you will sometimes hear these referred to inaccurately as "two-party consent" laws. If there are more than two people involved in the conversation, all must consent to the taping." http://expertpages.com/news/taping_conversations.htm Specifically: California Penal Code #632 "(a) Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment..." http://law.onecle.com/california/penal/632.html |
#39
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Not home repair, per set ... but voice recording home repairmen question
deadrat wrote:
It also was an issue in the Clinton/Lewinsky scandal because as I recall, Linda Tripp had recorded phone conversations without the consent of the other party, which was illegal in whatever state she lived in. And did she get prosecuted for it ? Yep. Maryland. Not prosecuted due to federal immunity. |
#40
Posted to alt.home.repair,misc.legal,alt.law-enforcement
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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? |
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