tape recorders in PA

What is the name of your state? Pennsylvania

I was arrested with a tape recorder in my hand while taping a public official. it was in plain view. i was charged with interception of communications title 18 section 5703 (1) . from my understanding interception means using a signal to transfer the communication from one point to another, which i didn't as it was just a tape recorder. the pa law says all parties have to consent but it also states in pa v. mcivor , it is the expection that it would not be recorded that triggers the wiretapping laws protection. If the tape recorder was iun plain view then the obviously had no expection of it not being taped right? can anybody please send me any info i'd need in order to show that a tape recorder is not a device used to intercept communication as is a wire tap or bug.

thanks mark

And, of course, the CIRCUMSTANCES of the situation in which the tape recorder was used isn't important to the discussion is it?

circumstances

ok first of all i had a hearing for a public drunkeness charge which i showed up for wearing a hat. i was sitting in the court room and the shiriff came in and told me to step outside then he said you can't have a hat in the court room its against the law. i said what law says this? whats title and section says you can't wear a hat? he told me to go to the DA's office so i went there to ask and was tape recording the conversation and she sent me some place else so i went there and also tape recorded it but she kept says don't record me and then the shiriff came and said you can't tape record people without thier consent. i said i was just leaving and started to walk away. they chased me and stopped me and then took my tape recorded which was still on. i never had a chance to turn it off. now i have 3 charges for interception of communications (1 for the DA's office, 1 for the room she sent me to, and 1 for the shiriff) plus a disorderly conduct charge for wearing the hat in the court room.

pittsmark6 said:

ok first of all i had a hearing for a public drunkeness charge which i showed up for wearing a hat. i was sitting in the court room and the shiriff came in and told me to step outside then he said you can't have a hat in the court room its against the law. i said what law says this? whats title and section says you can't wear a hat? he told me to go to the DA's office so i went there to ask and was tape recording the conversation and she sent me some place else so i went there and also tape recorded it but she kept says don't record me and then the shiriff came and said you can't tape record people without thier consent. i said i was just leaving and started to walk away. they chased me and stopped me and then took my tape recorded which was still on. i never had a chance to turn it off. now i have 3 charges for interception of communications (1 for the DA's office, 1 for the room she sent me to, and 1 for the shiriff) plus a disorderly conduct charge for wearing the hat in the court room.

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You are an idiot looking for an excuse. The moment ANYONE tells you to turn off the recorder and you do not, under PA statutes, you can be charged with a felony.

Stop playing games .... you're not that smart.

You never had a chance to turn off the recorder, yet the court employee told you repeatedly to not record her? Bull.

You committed the offense.

First of all in order to use my conversation thats on the tape they need to have MY consent which i never gave THEM,

Second in order for her to pocure an offer of the court to intercept that communication makes her chargable under the same offence i was charged with and 3rd in order for the shiriff to step in and intercetp that tape he would have had to have permission from the da or other person legally entiltled to give that permission in whith case they couldn't have given that permission without having a written order stating the tape of the interception where the interception, would take place, and the parties of all individuals on the tape (some were with my attorney).

There is also a law that says if they intersept my commuication without all of the above me and the other parties are entitled to $100 day or $1000 whichever is greater for everyday of the offense,

theres also another law stating that the DA is going to have to keep the tape for atleast 10 years.

and your calling me stupid?