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Thread: Voice recorder = FELONY in Pa
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July 23rd, 2008, 03:24 PM #1
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Voice recorder = FELONY in Pa
I have been carrying a voice recorder and I know I have heard several others say they are using them. I mentioned my carrying one to a trusted and extremely knowledgeable friend. His response was ,"GET RID OF IT". Pa's regulations on this EXCEED the stringent federal wire tap statutes. Pa has the most strict laws of all the states regarding "voice capture". My friend is not a lawyer, but I trust him implicitly when it comes to matters of law. Just a heads up. I know I did hear somewhere, possibly read it here, about somebody getting charged with a felony for recording a police encounter.
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July 23rd, 2008, 03:26 PM #2
Re: Voice recorder = FELONY in Pa
Posting for updates.
DC
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July 23rd, 2008, 03:39 PM #3
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Re: Voice recorder = FELONY in Pa
PA is a two-party consent state with regard to audio recording. depending on the situation, it can, indeed, be a felony to audio record someone, even in public, without their knowledge. (the standard is an expectation of non-interception, not just an expectation of privacy.)
video recording is OK, though.
there have been a few threads about it here on PAFOA. if you do a search, you will prolly find them.
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July 23rd, 2008, 03:40 PM #4
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Re: Voice recorder = FELONY in Pa
Wow. That would never have even crossed my mind.
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July 23rd, 2008, 03:40 PM #5
Re: Voice recorder = FELONY in Pa
as long as you disclose that you are recording the person you are good to go I believe.
The first vehicles normally on the scene of a crime are ambulances and police cruisers. If you are armed you have a chance to decide who gets transported in which vehicle, if you are not armed then that decision is made for you.
Be prepared, because someone else already is and no one knows their intent except them.
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July 23rd, 2008, 03:42 PM #6
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July 23rd, 2008, 03:55 PM #7
Re: Voice recorder = FELONY in Pa
Here is the statute:
18 Pa. Cons. Stat. §§ 5703, 5704: It is a felony to intercept any wire, oral or electronic communication without the consent of all participants. It also is a felony to disclose or use the contents of a communication when there is reason to know those contents were obtained through an illegal interception.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," 18 Pa. Cons. Stat. § 5702.Last edited by Agent Smith; July 23rd, 2008 at 04:02 PM.
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July 23rd, 2008, 04:02 PM #8
Re: Voice recorder = FELONY in Pa
The first vehicles normally on the scene of a crime are ambulances and police cruisers. If you are armed you have a chance to decide who gets transported in which vehicle, if you are not armed then that decision is made for you.
Be prepared, because someone else already is and no one knows their intent except them.
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July 23rd, 2008, 04:10 PM #9
Re: Voice recorder = FELONY in Pa
This law does not apply to recording a police encounter because a police officer is not someone who would have a reasonable expectation of privacy.Damn it! You will just have to make me love you all over again some other time....
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July 23rd, 2008, 04:15 PM #10
Re: Voice recorder = FELONY in Pa
Recording police, even secretly, typically is not a problem in PA.
I have been researching this and have come up with some new info I have not seen posted on this subject yet. I am working on a detailed post (new thread) but haven't completed it yet.
I'll work on it asap._________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
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