pittsmark6
Member
What is the name of your state? Pennsylvania
I was waiting for my trial for public drunkeness. About Half an hour after the time i was supposed to be there a sheriffs deputy walks in and comes up to me and says take your hat off. I asked why? he said step out into the hallway, which i did. he then tells me its illegal to wear a hat in the court room. i asked what law says this? he says go to the D.A.'s office. I then went to the D.A.'s office with a tape recorder in my hand and was directed by the recepionist to another office. i went to the next office with tape recorder and then to the public defenders office and talked to an attoney there which i recorded. I recorded 13-14 county employees the last being a receptionist for court arraignment who started yelling "quit recording me" when i pulled out the recorder and hit the record button. she then called the sheriff who came and said its illegal to tape record in this building. I replied i was just leaving and started to walk away. My tape recorder was still on and recording and he told me to come back her while grabing me. he said "you need to start listening or your going to jail". then he said "Turn the tape off" and he grabed the recorder and turned it off then arrested me.
The affidavit of probable cause states a deputy was called to the courtroom for man causing disturbance by not following policies of the room. I would not comply and was arguing and was told to step outside into the hallway. i was informed about the policy and was direct to the DA's office. about an hour later a call was recieved for man causing a disturbance in the room for court arraignment. i was found there arguing with receptionist there who was yelling quit recording me. i was informed it was illegal to record without consent and i started to walk quickly away. i was told to return. i continued to argue and was then going to be charged with disorderly conduct. upon reviewing the tape it was discovered i was tapeing numerous county employees. the DA's receptionist identified her voice on the tape and recalled the conversation. she stated she didn't know she was being recorded but remembered me adjusting something under my shirt.
I am now charged with one count disorderly conduct and 3 counts interception of oral communications. my questions are:
Should the sheriffs deputy have needed to get a court order authorizing his interception of the conversations on the tape prior to disclosing the contents in the affidavit of probable cause?
the state wiretapping, electronic surveilance laws can be found at: http://members.aol.com/StatutesP5/18.Cp.57B.html
There is one exception to needing a court order to intercept 5704(2) that they could possibably use and that states one of the parties to the conversation has to give prior consent, however the DA has to give prior consent and agree the consent is voluntary. since the deputy that made the arrest was a party to the conversation on the tape. In that case it says the interception shall be subject to the recording and record keeping requirements of section 5714(A) (which states whenever an interception is being monitored the monitor shall be an office certified under section 2724)
5714(b) sealing of recordings-
States the seal or a satisfactory explanation for its absence, shall be a prerequisite for the disclosure of the contents of any wire, electronic or oral communication, or evidence derived therefrom, under section 5717(b) (relating to evidence)
I recevied discovery and there was no mention of any sealing of recodings and under 5720 (service of order and application before disclosure of intercepted communications in trial, hearing, or proceeding) they should have notified me not less than 10 days prior to any trial or proceeding which they didn't.
one last question: can they have taken the tape and listened to it and use it as fruit of the crime of disorderly conduct and not need any orders or authorization?
I was waiting for my trial for public drunkeness. About Half an hour after the time i was supposed to be there a sheriffs deputy walks in and comes up to me and says take your hat off. I asked why? he said step out into the hallway, which i did. he then tells me its illegal to wear a hat in the court room. i asked what law says this? he says go to the D.A.'s office. I then went to the D.A.'s office with a tape recorder in my hand and was directed by the recepionist to another office. i went to the next office with tape recorder and then to the public defenders office and talked to an attoney there which i recorded. I recorded 13-14 county employees the last being a receptionist for court arraignment who started yelling "quit recording me" when i pulled out the recorder and hit the record button. she then called the sheriff who came and said its illegal to tape record in this building. I replied i was just leaving and started to walk away. My tape recorder was still on and recording and he told me to come back her while grabing me. he said "you need to start listening or your going to jail". then he said "Turn the tape off" and he grabed the recorder and turned it off then arrested me.
The affidavit of probable cause states a deputy was called to the courtroom for man causing disturbance by not following policies of the room. I would not comply and was arguing and was told to step outside into the hallway. i was informed about the policy and was direct to the DA's office. about an hour later a call was recieved for man causing a disturbance in the room for court arraignment. i was found there arguing with receptionist there who was yelling quit recording me. i was informed it was illegal to record without consent and i started to walk quickly away. i was told to return. i continued to argue and was then going to be charged with disorderly conduct. upon reviewing the tape it was discovered i was tapeing numerous county employees. the DA's receptionist identified her voice on the tape and recalled the conversation. she stated she didn't know she was being recorded but remembered me adjusting something under my shirt.
I am now charged with one count disorderly conduct and 3 counts interception of oral communications. my questions are:
Should the sheriffs deputy have needed to get a court order authorizing his interception of the conversations on the tape prior to disclosing the contents in the affidavit of probable cause?
the state wiretapping, electronic surveilance laws can be found at: http://members.aol.com/StatutesP5/18.Cp.57B.html
There is one exception to needing a court order to intercept 5704(2) that they could possibably use and that states one of the parties to the conversation has to give prior consent, however the DA has to give prior consent and agree the consent is voluntary. since the deputy that made the arrest was a party to the conversation on the tape. In that case it says the interception shall be subject to the recording and record keeping requirements of section 5714(A) (which states whenever an interception is being monitored the monitor shall be an office certified under section 2724)
5714(b) sealing of recordings-
States the seal or a satisfactory explanation for its absence, shall be a prerequisite for the disclosure of the contents of any wire, electronic or oral communication, or evidence derived therefrom, under section 5717(b) (relating to evidence)
I recevied discovery and there was no mention of any sealing of recodings and under 5720 (service of order and application before disclosure of intercepted communications in trial, hearing, or proceeding) they should have notified me not less than 10 days prior to any trial or proceeding which they didn't.
one last question: can they have taken the tape and listened to it and use it as fruit of the crime of disorderly conduct and not need any orders or authorization?