Why to never talk to an officer regarding a criminal case

**theSaj** · June 30th, 2008, 09:04 AM

http://video.google.com/videoplay?do...85833865&hl=en

**ohsee** · June 30th, 2008, 09:32 AM

There is another video worth watching in connection with that. The first really explains some of the why nots, but does not give good enough examples on how exactly to go about exercising your 5th amendment rights.

http://www.youtube.com/watch?v=yqMjMPlXzdA

This is a little old, but good. Some of the situations aren't exactly what a normal "law abiding" citizen may got through (as 2/3 were breaking laws that could land them in prison) but the wording and how to not put up with strong arm tactics, and stay calm is very informative.

I'm sure threads like this pop up now and then, but this is good information that everyone should know. Whether you carry or not.

**PisnNapalm** · June 30th, 2008, 10:10 AM

This has been posted before.

http://www.pafoa.org/forum/general-2...lk-police.html

**Boomer** · June 30th, 2008, 12:20 PM

Officer Brunch made the statement that in VA. only one person needs to know that a conversation is being recorded and that person is him.

My question... In PA what IS that law regarding the recording of a conversation between me and the police ? For this question assume that the conversation is NOT taking place in an interrogation room. Assume it is a street encounter or a traffic stop.

Am I allowed to record the conversation between myself and a police officer ?

If yes are there any requirements of notification ?

.

**gnbrotz** · June 30th, 2008, 07:38 PM

My opinion after reading the applicable law. IANAL.

Pa. is a two party consent state. However, there is an exception for "oral communication" when there is "no expectation of privacy". To me this would apply to a public place (like a street encounter or traffic stop on a public road).

If this is accurate, then no notification is necessary to be legal. Notifying could be done as well, but you'll likely get "I don't consent to being recorded". Since the other party now knows you are recording, there is again no expectation of privacy, so you don't actually need the consent to continue recording. Their option to avoid being recorded is to terminate the conversation.

**lexington86** · June 30th, 2008, 11:16 PM

Originally Posted by gnbrotz

Pa. is a two party consent state. However, there is an exception for "oral communication" when there is "no expectation of privacy". To me this would apply to a public place (like a street encounter or traffic stop on a public road).

IMO this "exception" also includes cell phones, landlines, internet communication, etc. In this day and age I don't see how you could have an "expectation of privacy" for just about any form of communication. Hell, look at the FISA amendment the House recently passed!