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audio tape police officer

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doriswartz

Junior Member
undefinedWhat is the name of your state? PA Is it a federal wiretaping crime if you record the voice of a police officer while he detains you for questioning?
 


Got Milk

Junior Member
doriswartz said:
undefinedWhat is the name of your state? PA Is it a federal wiretaping crime if you record the voice of a police officer while he detains you for questioning?


No, it's not. However, there's no law against the officer taking your recorder and smashing it on the ground, then giving it back to you in little pieces. Now, prove that it wasn't YOU that ruined your recorder.

IAAL
 

CdwJava

Senior Member
doriswartz said:
Is it a federal wiretaping crime if you record the voice of a police officer while he detains you for questioning?
No. But it might be a violation of state law ... though I doubt it.

- Carl
 

doriswartz

Junior Member
undefinedPA Police officer took camera,etc. later showed up at the house with search warrant and took PC, other camera equipment,car keys,titles,etc. and now charging with Federal wire taping charge unless we allow the police to keep all that was taken?? How do you fight that?
 

Got Milk

Junior Member
doriswartz said:
undefinedPA Police officer took camera,etc. later showed up at the house with search warrant and took PC, other camera equipment,car keys,titles,etc. and now charging with Federal wire taping charge unless we allow the police to keep all that was taken?? How do you fight that?

You don't. You see, this is what happens to criminals. How about not being a criminal, and just getting a job?

IAAL
 

doriswartz

Junior Member
undefined I have a very wonderful paying job, thank you, and how was I to know it was an offense? Police video tape citizens. Why can't citizens video police officers?
 

Got Milk

Junior Member
doriswartz said:
undefined I have a very wonderful paying job, thank you, and how was I to know it was an offense? Police video tape citizens. Why can't citizens video police officers?


Ignorance of the law is not an excuse or a defense. Obviously, you're a criminal.

IAAL
 

CdwJava

Senior Member
doriswartz said:
undefined I have a very wonderful paying job, thank you, and how was I to know it was an offense? Police video tape citizens. Why can't citizens video police officers?
Ignore the troll with the vulgar user name - he'll be gone soon enough.

Where were you when this recording was going on? How it is connected to your PC I couldn't say ... unless the other charges you face have something to do with computers, etc.

Have you been charged with a crime yet? If so, what code section are they citing?

- Carl
 

Got Milk

Junior Member
CdwJava said:
Ignore the troll with the vulgar user name - he'll be gone soon enough.

Where were you when this recording was going on? How it is connected to your PC I couldn't say ... unless the other charges you face have something to do with computers, etc.

Have you been charged with a crime yet? If so, what code section are they citing?

- Carl

There's nothing vulgar about it, Carl. Should I tell everyone to ignore the cop?



IAAL
 
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doriswartz

Junior Member
undefined Well at the time we were video taping some guys we didn't know that were street racing but we were not. If that was the crime, why would the police officer want to charge for wiretaping because we continued taping his voice ?
 

CdwJava

Senior Member
doriswartz said:
Well at the time we were video taping some guys we didn't know that were street racing but we were not. If that was the crime, why would the police officer want to charge for wiretaping because we continued taping his voice ?
It might be that in your state (like mine) videotaping can be lawful while audio taping might not be.

You might consider a consultation with an attorney to see whether or not you CAN be charged with anything. It could be that the officer is blowing smoke ... or, it could be that you face criminal charges. I really would not worry abou any FEDERAL charges, however. Not for a video or audio tape in a public place!

- Carl
 

Got Milk

Junior Member
CdwJava said:
It might be that in your state (like mine) videotaping can be lawful while audio taping might not be.

You might consider a consultation with an attorney to see whether or not you CAN be charged with anything. It could be that the officer is blowing smoke ... or, it could be that you face criminal charges. I really would not worry abou any FEDERAL charges, however. Not for a video or audio tape in a public place!

- Carl

The phrase you're looking for is "expectation of privacy" - - and there is none if the taping, both audio and video, are done outside.

IAAL
 

CdwJava

Senior Member
Got Milk said:
The phrase you're looking for is "expectation of privacy" - - and there is none if the taping, both audio and video, are done outside.

IAAL
Some states prohibit audio taping in some situations. So it's not always an absolutely safe (legal) thing to do.

- Carl
 

bigpigtx

Junior Member
everyone has been talking about state charges, and the kid has been talking about federal.

Yeah you could still be charged on the state level. If you want to know if you're going to be charged in federal court...call your federal prosecutor and ASK him. If you're afraid you'll be arrested call the fed. prosecutor somewhere else.

unless we allow the police to keep all that was taken??
We keep things for 3 reasons; they're evidence, they belong to someone else; or they are illegal to posess.

Tell us what's really going on.
 

CdwJava

Senior Member
bigpigtx said:
everyone has been talking about state charges, and the kid has been talking about federal.
Actually, I believe he's talking about a THREAT of federal charges. Videotaping or audio taping someone in public is not going to get you a federal rap.


If you want to know if you're going to be charged in federal court...call your federal prosecutor and ASK him.
And they likely won't say squat because they don't have a report. The feds don't go for offenses that are better handled at the state level ... at least not in my experience.


We keep things for 3 reasons; they're evidence, they belong to someone else; or they are illegal to posess.
Yep.


- Carl
 
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