just got off the phone with delco sheriffs office

[Pa. Patriot]

Originally Posted by delcosheriffsucks

i could be dead wrong so verify this, however i belive that you can record someone out in the public on public property, i belive this is how the paperizzi(sp) get away with it.

Where you have "no expectation of privacy".
So most public places fall under that.

[LittleRedToyota]

Originally Posted by Pa. Patriot

Where you have "no expectation of privacy".
So most public places fall under that.

that's what i always thought, too...but what gunlawyer posted made me re-think that...

A trial court has held that a communication protected by the legislation is one in which there is an expectation that it will not be recorded by any electronic device, rather than one in which there is a general expectation of privacy.

the court did not look for an "expectation of privacy", they looked for an "expectation that it will not be recorded by any electronic device".

just makes me go "hmmmm??"

[bdevil73]

I wish I could find the link to post, but I remember recently reading an article online about a traffic stop in which the passenger was using a video camera to record the stop without notifying the officer. Because the video camera recorded both video and audio, he was arrested for recording without the consent of the officer. I will try to find the link and post it later.

[bdevil73]

http://www.foxnews.com/story/0,2933,284075,00.html

Found a link. IT was actually in PA. He was arrested for felony wiretapping. The charges have since been dropped.

[Chevmeister]

Originally Posted by djturnz

What if you say "I'm recording this call" and they don't respond?

I've recorded calls with bill collectors before. I figure that since they have the recording that says "calls will be monitored" that they are already giving consent by working the phones.

I had a problem a while back where i was continuely called by a bill collector, two to three times a day. When they would call the recordign says calls may be recorded or monotored, then they awnser, i ask them to turn off the recorder, they tell me they cant and continue to talk. All i say is i dont consent to the call being recorded. They hang up, a few days later the supervisor calls adn tells me that im not being cooperative, i told him i dont want the call recorded, he tells me he doesnt know if its being recorded, it may or may not be. And continuely trys to tell me he is going to do this or that, I told him that if this call is being recorded i will have him charged because i do not consent. he hangs up. No more calls.

[Pa. Patriot]

Originally Posted by bdevil73

...He was arrested for felony wiretapping. The charges have since been dropped.

Because they don't apply to conversation in which you have no expectation of privacy (pubic places)

[bdevil73]

It's good to see that the police are as knowledgeable about other laws as they are about gun laws. Poor kid spent 26 hours in jail.

[shermdo]

Originally Posted by bdevil73

http://www.foxnews.com/story/0,2933,284075,00.html

Found a link. IT was actually in PA. He was arrested for felony wiretapping. The charges have since been dropped.

I am NOT a LEO or a lawyer but this seems like a double standard in that police cars in many jurisdictions are equipped with both video and audio recording equipment. I have never heard of a LEO asking permission to record a traffic stop. I would say that there is no expectation of privacy in either of these examples. Possibly this is why the charges were dropped in the PA case referenced.

[Pa. Patriot]

Originally Posted by shermdo

I am NOT a LEO or a lawyer but this seems like a double standard in that police cars in many jurisdictions are equipped with both video and audio recording equipment. I have never heard of a LEO asking permission to record a traffic stop.

That is because they are specifically exempted by the statute.

Originally Posted by shermdo

I would say that there is no expectation of privacy in either of these examples. Possibly this is why the charges were dropped in the PA case referenced.

Precisely why they were dropped by the DA.

[Frenchy]

I guess people must have me on ignore

The Sheriff's office is required by law to record all calls that come into the station!

All anyone has to do is get a copy of that recording for legal procedures.

This is true of every police station.