Recording with a Video or Voice Recorder

**tdyoung58** · September 13th, 2008, 05:56 PM

Legally can this be done by someone . . . I carrya Digital Voice Recorder with me every time I OC. It's in a small camera pouch with my extra magazine on my belt. hey it was $2 cheapness. but it works

Say . . . I'm at Swill-Mart, and some irrate customer starts throwing a bitch. or say some public area not on private property

Is it legal to use a video/voice recorder to protect oneself.

**Rex Havoc** · September 14th, 2008, 11:23 AM

My understanding is that PA is a two party consent state so without the other parties consent it probably wouldn't be usable in court and could violate some privacy laws.

http://www.rcfp.org/taping/

I'm not sure how that impacts some of these gadgets out there like the cameras on tasers etc. Perhaps an attny could give more accurate feedback.

**gnbrotz** · September 14th, 2008, 01:14 PM

IANAL.

The exception to consent is loss of "expectation of non-interception". In my opinion, if they are aware that you are recording them, it is impossible for them to have an "expectation of non-interception". If they do not wish to be recorded, their option is to remove themselves from the situation.

YMMV.

**CPratt** · September 15th, 2008, 08:40 AM

You could wire yourself up with a concealed video system, But no audio without consent.

**gnbrotz** · September 15th, 2008, 05:26 PM

Originally Posted by CPratt

But no audio without consent.

Citation please.

**theSaj** · September 15th, 2008, 08:55 PM

I believe there is also a difference between say recording a private citizen versus a police officer. Surveillance on a private individual being illegal, but I remember reading some strong arguments as to why the recording of LEOs would not be prohibited. That said...you may find yourself in court.