BitDrifter
Junior Member
<<There is a summary at the end if you don't want to read a quick recount of the Background Informaiton>>
Hello,
I recently was invloved in an Accident with a School Bus, the school bus took a Right Turn into my car. I told the responding CHP officer what happened, and he proceeded to get sarcastic with me, and accuse me of being at fualt. I quouted the Vehicle Code (VC 22107) the Bus had violated and this pissed him off, and proceeded to tell me that that wasnt a vehicle code (which it is). I informed him becuase of some yelling that came afterward that he was acting extremely unprofessional and that I would be filing a complaint. In response he said "Well, your not going to like whats in this report." I took umbrage to that and asked him if he just told me he was going to falsify the report. He did not respond, and I then told him that "I will be recording you." I took my PDA out of my pocket and was in the process of doing a soft-reboot when the cop and an Epilepsy and started yelling at me "You will NOT record me!" I told him that I was going to record him. He then said "Give me THAT!" I told him no, that I can record whoever I wish, including him while in a public place where there is no expectation of privacy and that he had no cuase to confiscate my PDA. This just pissed him off further and he dug his thumbs into my PDA screen and jerked it out of my hand.
He later went in my car (without my permission) and put my PDA on my passenger seat.
After the incident I file a complaint with his Seargent. I just recevied the conclusion to the report, and it basically said I was lieing about everything, not one thing I said was true. Which is utter bull****.
I then called the Captain to talk about inconistencies in the letter sent to me. The officer admited to taking my PDA, yet I was seen using while he had it (very interesting). I also informed the Captain that the conclusion did not address my primary point in the Complaint (the unlawful confiscation of my PDA). I exaplained to him that it was perfectly legal for me to record wheover I wish in a public place. He then informed me that I knew nothing, and that I was all "screwed up in the head," that it explained everything becuase I was an "only child" (yes he mocked me becuase I am an only child, was laughing and everything). (how nice of him, and totally unprofessional, I can see where the subordinates learned it from). I informed him that he was wrong about the law, and that I suggest he look it up, (he refused, and continued to tell me how screwed up and idiotic I was for saying that). He then said that I cannot record people in public without their permission.
Anyways things did not go well, but I managed to get his e-mail address and so I want to e-mail him the applicable laws, so he won't have to start calling other people idiots.
In Summary:
First, I informed the officer I was going to record him.
Second, it was on a sidewalk with many people around.
Third, he told me I was not going to record him.
Fourth, I proceeded to turn on my PDA to record him (although it wasnt recording yet)
Fifth, he confiscated the PDA becuase he didn't want me to record him.
So my questions:
1. Can I record a Police Officer in a Public Place after I have informed him that I was going to, and after he expressed he didn't want to be recorded?
2. If so, can you direct me to applicable Case Law and California Code that would support this conclusion so I can send him the information.
While I have found many sites that say I can do what I outlined, I am having trouble finding case law.
Thanks for any help,
BitDrifter
Hello,
I recently was invloved in an Accident with a School Bus, the school bus took a Right Turn into my car. I told the responding CHP officer what happened, and he proceeded to get sarcastic with me, and accuse me of being at fualt. I quouted the Vehicle Code (VC 22107) the Bus had violated and this pissed him off, and proceeded to tell me that that wasnt a vehicle code (which it is). I informed him becuase of some yelling that came afterward that he was acting extremely unprofessional and that I would be filing a complaint. In response he said "Well, your not going to like whats in this report." I took umbrage to that and asked him if he just told me he was going to falsify the report. He did not respond, and I then told him that "I will be recording you." I took my PDA out of my pocket and was in the process of doing a soft-reboot when the cop and an Epilepsy and started yelling at me "You will NOT record me!" I told him that I was going to record him. He then said "Give me THAT!" I told him no, that I can record whoever I wish, including him while in a public place where there is no expectation of privacy and that he had no cuase to confiscate my PDA. This just pissed him off further and he dug his thumbs into my PDA screen and jerked it out of my hand.
He later went in my car (without my permission) and put my PDA on my passenger seat.
After the incident I file a complaint with his Seargent. I just recevied the conclusion to the report, and it basically said I was lieing about everything, not one thing I said was true. Which is utter bull****.
I then called the Captain to talk about inconistencies in the letter sent to me. The officer admited to taking my PDA, yet I was seen using while he had it (very interesting). I also informed the Captain that the conclusion did not address my primary point in the Complaint (the unlawful confiscation of my PDA). I exaplained to him that it was perfectly legal for me to record wheover I wish in a public place. He then informed me that I knew nothing, and that I was all "screwed up in the head," that it explained everything becuase I was an "only child" (yes he mocked me becuase I am an only child, was laughing and everything). (how nice of him, and totally unprofessional, I can see where the subordinates learned it from). I informed him that he was wrong about the law, and that I suggest he look it up, (he refused, and continued to tell me how screwed up and idiotic I was for saying that). He then said that I cannot record people in public without their permission.
Anyways things did not go well, but I managed to get his e-mail address and so I want to e-mail him the applicable laws, so he won't have to start calling other people idiots.
In Summary:
First, I informed the officer I was going to record him.
Second, it was on a sidewalk with many people around.
Third, he told me I was not going to record him.
Fourth, I proceeded to turn on my PDA to record him (although it wasnt recording yet)
Fifth, he confiscated the PDA becuase he didn't want me to record him.
So my questions:
1. Can I record a Police Officer in a Public Place after I have informed him that I was going to, and after he expressed he didn't want to be recorded?
2. If so, can you direct me to applicable Case Law and California Code that would support this conclusion so I can send him the information.
While I have found many sites that say I can do what I outlined, I am having trouble finding case law.
Thanks for any help,
BitDrifter