Video/Audio Recording an officer

[uno2x]

What is the name of your state? Oregon

After an encounter with police on private property a video camera that was on the scene was taken by the police, the video tape was seized even though no charges relating to recording an officer were filed.

I was trying to find the law that gave the police the ability to do this but was unsucessful.

Can anyone point me in the right direction?

 

[v_day_baby]

From Section 9 of your state constitution:

Section 9. Unreasonable searches or seizures. No law shall violate the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search, or seizure; and no warrant shall issue but upon probable cause, supported by oath, or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.—


I don't think the officer had a right to seize the tape unless he/she intended on charging someone and the tape was evidence.

 

[dequeendistress]

For what reason were the police on the scene?

 

[HomeGuru]

Another, "the entire complete story has not been told" post.

 

[dequeendistress]

I guess the computer has now been confisicated as well.

 

[uno2x]

The police were on the scene because there was a noise complaint during band practice. There was maybe 10-15 people just hanging out and a few hand held cameras because the local college TV station wanted live footage of the band for a program.

We had encounters with a cops a handful of times and usually everything is exceptional cool with them, expect one cop that has lied to us on a few ocassions and has even posted the time back on a ticket he gave us (sound laws don't get more restrictive until 10 so he would write 10:15 on the ticket when it was 9:45 that kind of thing)

So someone with a video camera decided to document everything (including the time) so if he did decide to lie again we would have proof.

When the officer saw him filming he got really pissed used profanity at us, when I told him I was under the impression that an officer on duty didn't have the same expectation of privacy as a citizen he said he sure as hell didn't care what I thought, then carded everyone in the house and one person in the band was 10 days from his 21 b-day so he got an MIP and both me and my brother got hosting a party for minors.

I think that charge wont hold because the one person under 21 wasn't drinking at our house but had been drinking earlier and I think he actually had to be consuming the alcohol on your property to get that ticket.

Then the cop said he was going to teach us a lesson and just wrote a ticket for everything he could think of it seems, for both me and a roommate. (general noise violation infraction, amplified sound violation, hosting a party for minors)

Yeah and he confiscated the video tape which what I'm most curious about.

Oregon Law specifically states "consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication"

I don't know if that would apply to an officer on duty on private property or not.

 

[Son of Slam]

Sounds to me like another of Oregon's finest has upheld the rights of your neighbors. You can expect to pay the price of him having to tell you to behave. No one wants to hear about your rights to bug other people, so you would be better off to forget about your little beef with the PD. OR, you could have some fun now and pay for it later.