Audio/video taping police in PA

[ungawa]

I had an incident recently (not carry related) and they emptied my pockets and took me to the rear of the car. And also further away at one point.

So I would appreciate more suggestions from people that carry voice recorders. Not sure if there is a reasonable idea to solve the situation I was in, but I appreciate the discussion in general.

[TinGLOCK]

Originally Posted by ungawa

I had an incident recently (not carry related) and they emptied my pockets and took me to the rear of the car. And also further away at one point.

My recorder is my cellular device. It wouldn't have helped in the situation you described. Actually, I can't think of any type of recorder that would have helped, seeing as how they stripped you of all of your belongings during your incident.

[GoldWinger]

You could disguise it as a hearing aid. They probably wouldn't confiscate that.

or how about this http://www.nadea.com/product/CHRONOMAN

[YllwFvr]

If you have a video camera, and arent being arrested, they cannot take it from you can they? Since you are legal in recording? They can ask you to turn it off but you arent required to are you?
Wouldnt that extend to recording the situation?

[TinGLOCK]

Originally Posted by YllwFvr

If you have a video camera, and arent being arrested, they cannot take it from you can they? Since you are legal in recording? They can ask you to turn it off but you arent required to are you?
Wouldnt that extend to recording the situation?

I don't know what PA law says about you, but I know the police can damn sure take your camera. Whether the confiscation was legal or not will be sorted out later. Terrifying, isn't it?

(Please don't knock me for linking to that forum. I remembered the story, and when I searched for it just now, that's where I found it.)

[gapman]

Originally Posted by TinGLOCK

I don't know what PA law says about you, but I know the police can damn sure take your camera. Whether the confiscation was legal or not will be sorted out later. Terrifying, isn't it?

(Please don't knock me for linking to that forum. I remembered the story, and when I searched for it just now, that's where I found it.)

What was the outcome of that alleged police misconduct incident, since the events took place in early 2007? If it went down as the writer claims, then it looks like he has a good case.

[Alchymist]

And audio/video recording by the individual is different from police dash cams how?

[gapman]

Originally Posted by Alchymist

And audio/video recording by the individual is different from police dash cams how?

Interesting question, since police dash cams are supposedly as much for the public's protection as for the police's (witness the Ryan Moats fiasco that led the overzealous officer to resign)

I'm installing a color camera in one of my cars this week, since I have a carPC in there now.

[SigForLife]

Originally Posted by Alchymist

And audio/video recording by the individual is different from police dash cams how?

If you read the original post, you would know that the police are specifically exempted by the statute.

[JCWohlschlag]

Originally Posted by SigForLife

If you read the original post, you would know that the police are specifically exempted by the statute.

Indeed, but with restrictions.

18 Pa.C.S. § 5704

• Title 18 Pa.C.S. Crimes and Offenses
  • Part II. Definition of Specific Offenses
    • Article F. Offenses Against Public Order and Decency
      • Chapter 57. Wiretapping and Electronic Surveillance
        • Subchapter B. Wire, Electronic or Oral Communication
          • § 5704. Exceptions to prohibition of interception and disclosure of communications

It shall not be unlawful and no prior court approval shall be required under this chapter for:

…

(16) A law enforcement officer, whether or not certified under section 5724 (relating to training), acting in the performance of his official duties to intercept and record an oral communication between individuals in accordance with the following:

(i) At the time of the interception, the oral communication does not occur inside the residence of any of the individuals.

(ii) At the time of the interception, the law enforcement officer:

(A) is operating the visual or audible warning system of the law enforcement officer’s vehicle authorized by 75 Pa.C.S. § 4571 (relating to visual and audible signals on emergency vehicles) or is clearly identifiable as a law enforcement officer;

(B) is in close proximity to the individuals’ oral communication;

(C) is using an electronic, mechanical or other device which has been approved under section 5706(b) (4) (relating to exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices) to intercept the oral communication, the recorder of which is mounted in the law enforcement officer’s vehicle; and

(D) informs, as soon as reasonably practicable, the individuals identifiably present that he has intercepted and recorded the oral communication.

(iii) As used in this paragraph, the following words and phrases shall have the meanings given to them in this subparagraph:

“Law enforcement officer.” A member of the Pennsylvania State Police or an individual employed as a police officer who holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D [53 Pa.C.S. § 2161 et seq.] (relating to municipal police education and training).

“Recorder.” An electronic, mechanical or other device used to store an oral communication on tape or on some other comparable medium.