Audio and video recording someone without their consent

[SSShayne]

Washington State

I was just wondering if it was against the law to audio and video record a private conversation someone is having with a police officer (no crime was committed) without any consent from anyone involved in the conversation? My second question is if it’s against the law for a police officer to share that same conversation with someone that wasn’t present at the time and no crime was committed?

 

[quincy]

Washington State

I was just wondering if it was against the law to audio and video record a private conversation someone is having with a police officer (no crime was committed) without any consent from anyone involved in the conversation? My second question is if it’s against the law for a police officer to share that same conversation with someone that wasn’t present at the time and no crime was committed?

Without consent from the parties engaged in the private conversation, the private conversation should not be recorded or shared.

Here is a link to the law, where you can also read the exceptions: https://app.leg.wa.gov/rcw/default.aspx?cite=9.73.030

 

[RJR]

PRIVATE as in how? If they are audible they don't care much about privacy. If they are behind closed doors and you crack it open to record, not known to them, then you may have a problem

 

[CdwJava]

Washington State

I was just wondering if it was against the law to audio and video record a private conversation someone is having with a police officer (no crime was committed) without any consent from anyone involved in the conversation? My second question is if it’s against the law for a police officer to share that same conversation with someone that wasn’t present at the time and no crime was committed?

HOW was the surreptitious recording made? Was the person making the recording visible to the parties and clearly able to hear the conversation?

Whether or not an officer can relay a conversation will depend upon the circumstances of the conversation, who it was revealed to, and whether we are talking about confidential information or a recording, or simply relating what he was told.

 

[quincy]

Video recordings are more likely to be legal than any audio recordings of other people's private conversation, regardless of the circumstances.

 

[SSShayne]

HOW was the surreptitious recording made? Was the person making the recording visible to the parties and clearly able to hear the conversation?

Whether or not an officer can relay a conversation will depend upon the circumstances of the conversation, who it was revealed to, and whether we are talking about confidential information or a recording, or simply relating what he was told.

No audio recording device was visible during the conversation or announced

 

[SSShayne]

HOW was the surreptitious recording made? Was the person making the recording visible to the parties and clearly able to hear the conversation?

Whether or not an officer can relay a conversation will depend upon the circumstances of the conversation, who it was revealed to, and whether we are talking about confidential information or a recording, or simply relating what he was told.

The officer shared it with a neighbor on a personal friendship situation for no legal purpose

 

[CdwJava]

So, was the device on someone who was present with the officer and the other party to the conversation?

As I asked: What were the circumstances of the conversation and are talking about legally confidential information, or simply relating what he was told or observed? In general, a law enforcement contact is not going to be "private" and much (often all) of it can be legally related to most anyone. However, there may be agency policies against speaking about such contacts.

Rather than have us ask 20 questions, why don't you relate what actually happened?

 

[NeilTheCop]

Who made the recording, was it the officer?

 

[justalayman]

It sounds like it was the cops body cam. If the conversation was part of him performing his duties, they generally have a right to record such contact. If he was off duty or this was a friend to a friend conversation and specifically not as an act of his official duties, I believe it would fall under the general laws of what is required to be able to surreptitiously record s conversation. Washington requires all parties to a conversation to give permission for it (the audio) to be recorded. .

 

[SSShayne]

It would probably be easier to understand my questions I posted if I just explain the whole situation. A random motorhome was parked in my neighborhood the other day and the owner is unknown to me but the HOA rules don’t allow that so a few bored and miserable neighbors called the sheriff out to have it removed. Prior to the sheriff showing up my landlord had messaged me about it so me and a friend decided to go check it out and maybe see if we could see in a window just to make sure no one was dead or in need of help inside. Well the bored and miserable neighbor just happened to look outside as we were walking away from it, so when the sheriff showed up they told her that it belongs to us and they know that because they watched us come out of it. I came out to talk to the sheriff at the end of my drive way and told her it didn’t belong to us and that we didn’t know who it belonged to and then we carried on with friendly person to person conversation about the situation. While we were talking the bored and miserable neighbor that lives on the opposite side of the street and 4 houses down began walking across the street saying that I was lying about it and then proceeded to tell me that I’m not allowed to have friends over and was questioning what we were doing at the back of the house in my garage, so I laughed at him and told him to just go back home and to mind his own business and he responded with a physical threat to me and my friend which the sheriff overlooked. A few hours later my landlord contacted me saying that somehow he has me on recording saying something completely different than what I actually said and told me he KNOWS that I’m lying about everything. I know that my landlord has a camera set up at the front on the driveway with no signs posted stating the surveillance, so the recording of anything said period could have only came from 3 places...1-the sheriffs body cam which she could have shared with him after she did her duty of a routine checkup 2- the neighbor or his wife or 3- the camera my landlord has set up without notice posted. I’ve had multiple problems with my landlord over stupid petty stuff and I’ve had multiple problems with that same neighbor over them profiling my residence since we are the youngest tenants in the neighborhood and I’ve officially had enough of all of it and just wanted to see if I had any legal grounds to pursue to help them learn a very important lesson so they don’t continue trying to make happy people unhappy for the rest of their lives. I hope the details of the situation makes it easier to understand the situation so I can find out if I have a legal case that could save others from dealing with these people later on

 

[CdwJava]

Since you do not know how the landlord got his info - or whether he has anything at all - talking legal action is not only premature, it's a nonstarter. It is POSSIBLE that some law or policy was violated, but since you do not know what or whom, it's moot.

At this point you might be best advised to just ignore the neighbor causing you issues.

As for the landlord, if you did not say what the landlord accuses you of saying, then it should be clear that he has no audio recording of the conversation. Even if he does, how much money might you be willing to spend to try and force his hand? You would have to file legal action of some kind ... what sort of lawsuit do you think you have at this point?

 

[SSShayne]

Since you do not know how the landlord got his info - or whether he has anything at all - talking legal action is not only premature, it's a nonstarter. It is POSSIBLE that some law or policy was violated, but since you do not know what or whom, it's moot.

At this point you might be best advised to just ignore the neighbor causing you issues.

As for the landlord, if you did not say what the landlord accuses you of saying, then it should be clear that he has no audio recording of the conversation. Even if he does, how much money might you be willing to spend to try and force his hand? You would have to file legal action of some kind ... what sort of lawsuit do you think you have at this point?

Thank you for the response and I do appreciate the information and I was aware of any legal action as premature at this moment but I was just trying to find out any and all legal angles before I take the situation any further so when I do I have at least some legal knowledge from all angles he has to use. I figured if I have all the bases covered with the Law and my civil rights backing me that I would be able to instantly reveal to him that he is walking a fine legal line in this situation and so that I might be able to prevent anything negative from happening once he pulls his landlord over tentant card like he has in the past. He thinks he has superior intellect over people because he is good at being a condescending prick and I’d like nothing more than to shut him up with legal intelligence I receive from this site regarding the situation. Thank you for your time

 

[Just Blue]

Thank you for the response and I do appreciate the information and I was aware of any legal action as premature at this moment but I was just trying to find out any and all legal angles before I take the situation any further so when I do I have at least some legal knowledge from all angles he has to use. I figured if I have all the bases covered with the Law and my civil rights backing me that I would be able to instantly reveal to him that he is walking a fine legal line in this situation and so that I might be able to prevent anything negative from happening once he pulls his landlord over tentant card like he has in the past. He thinks he has superior intellect over people because he is good at being a condescending *jerk* and I’d like nothing more than to shut him up with legal intelligence I receive from this site regarding the situation. Thank you for your time

Your language is a violation of the TOS. Please edit it out. Thanks.

 

[justalayman]

first, you would have to know there is an audio recording and not simply that it was a word of mouth communication issue. Second, if it’s the cops recording, there is nothing to do as nothing illegal took place.

Then, if you’ve figured out there was an audio recording and who it was, then you could report it to the police. Whether they or the prosecutor believes the incident worthy of additional investigation or prosecution is something only they can tell you.

As it stands you have nothing to go on to prove anything regarding your possible unlawful recording or that there even was one.