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GlockBlocker
02-11-2011, 5:03 PM
Seeing a few videos here lately made me think back to an incident where an off duty cop stopped a motorcyclist who had a gopro helmet cam. I think the motorcyclist was speeding.

The camera was still rolling when the cop jumped out of his car and pulled out his gun.

The next month, police came to his residence with an arrest warrant for wiretapping. This was because the off duty cop "did not know" he was being recorded. (maybe he missed the helmet cam with the blinking red light ;))

So my question is, with dashboard cams, or any video recorder that the cops could claim they didn't know it was on, ... can you be arrested for wiretapping here in CA? If so, is there an amount of time you need to notify them that your camera is on before you are committing illegal wiretapping?

Just wondering.

BHjjF55M8JQ

GrizzlyGuy
02-11-2011, 5:09 PM
That video was from a different state with different laws. CA laws are much more friendly and you can generally record the police without consent and without them knowing you are recording. See here (http://www.calguns.net/calgunforum/showpost.php?p=3638595&postcount=6) for more info.

QQQ
02-11-2011, 6:46 PM
I think that video was filmed in Maryland.

We might have crappy gun laws, but at least that's one thing we don't have to worry about. Yet.

Carnivore
02-11-2011, 6:46 PM
There are about 5 or 6 states you can not tape (audio something video too) a government official or agent. Connecticut where I believe this was taped at, Vermont, new Hampshire, Illinois not sure of the rest. Out here you can tape in public both audio and video but if you use it for profit (T.V. or even youtube if you have advertisements) you need to get permission to use unblurred faces or you "could" get sued. I know there is more to it but just being simplistic.

Unbeliever
02-11-2011, 6:51 PM
Seeing a few videos here lately made me think back to an incident where an off duty cop stopped a motorcyclist who had a gopro helmet cam. I think the motorcyclist was speeding.

The camera was still rolling when the cop jumped out of his car and pulled out his gun.

The next month, police came to his residence with an arrest warrant for wiretapping. This was because the off duty cop "did not know" he was being recorded. (maybe he missed the helmet cam with the blinking red light ;))


The judge that wound up with the case in front of him threw out all the wiretapping charges and wrote in his opinion:


"Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public," the judge wrote. "When we exercise that power in public fora, we should not expect our actions to be shielded from public observation."

http://articles.baltimoresun.com/2010-09-27/news/bs-md-recorded-traffic-stop-20100927_1_police-officers-plitt-cell-phones

Keep in mind that ruling only applies in Maryland.

--Carlos V.

JimWest
02-11-2011, 7:52 PM
The judge that wound up with the case in front of him threw out all the wiretapping charges and wrote in his opinion:



http://articles.baltimoresun.com/2010-09-27/news/bs-md-recorded-traffic-stop-20100927_1_police-officers-plitt-cell-phones

Keep in mind that ruling only applies in Maryland.

--Carlos V.

I can safely say I can live my entire life without going to Maryland to visit their sh8t laws! And I will! :chris:

baz152
02-11-2011, 8:54 PM
First off........ boy was that was a stupid move by that off duty cop but I digress. To answer the actual question, here in California you are free to video or audio tape anywhere that is public domain not counting private property.

stomper4x4
02-11-2011, 8:58 PM
Laws that you can't video tape "public officials" when they are in public? In America? Wow

G1500
02-11-2011, 8:59 PM
What kind of dick pulls someone over while off duty, and pulls a gun on them?

I'm not sure, but if someone cut me off, and pulled out a gun instead of a badge, I may or may not run them over, especially if I am taping.

Tripper
02-11-2011, 9:03 PM
watch the video a bit closer, it looks like a marked car in back of the cycle. the unmarked, looks to me like it might have been in the area of a cyclist not stopping for the marked cruiser, just in the area at the time maybe, but yah, at first glance, a guy jumps out a car with a gun towards me, i'm gone and i'm not going backwards.

Tripper

Tripper
02-11-2011, 9:05 PM
its right at the end of the video, looks like an officer getting out of the car, barely a glimpse though. my first guess would be it was a chase and the unmarked just happend to be around. no other explanatino for a cop to be there that quick, (20seconds)

Tripper

G1500
02-11-2011, 9:08 PM
The guy was hauling ***, doing wheelies, but still, does that require a gun to be drawn? Not much you can do on a bike, but an officer not identifying himself and brandishing a gun, especially in an unmarked car or personal vehicle, and not wearing a uniform, may have ended differently to someone in a vehicle.

Midnightblue 72
02-11-2011, 9:10 PM
In Kalifornia the rule is simple. If there is a presumption/assumption of privacy, you cannot record. If I converse with someone in my office at work, there is the presumption/assumption of privacy. If I speak with someone in a crowded bar, on a public street, no assumption of privacy.


A peace officer talking to me in PUBLIC, recording is permitted.

If you are speaking with someone on a telephone, there is an assumption of privacy EXCEPT in the following circumstance:

When speaking with a peace officer on the phone and the officer is conducting a criminal investigation, he may record your conversation WITHOUT formal notification that you are being recorded.

XDshooter
02-11-2011, 10:10 PM
FIRST WORDS out of his mouth should have been police. Not, "get off the bike".

5 seconds before he anounced who he was.

What a moron.

Umarked car, plain clothes? Cop could have been shot himself! First impression is bike-jacking.

virulosity
02-11-2011, 10:40 PM
the easy answer is, just upload your video on youtube anonymously

Anchors
02-11-2011, 11:02 PM
I never noticed that before in this video (which has been posted several times).
There was a marked car behind him.
He was probably chasing the guy who wouldn't stop and the unmarked officer cut in front of him to make him stop.

Idk about the gun though, didn't look like a felony stop.
And not announcing before it came out was a bad idea for the officer, but not illegal.

MP301
02-11-2011, 11:25 PM
Laws that you can't video tape "public officials" when they are in public? In America? Wow

No, they dont have laws specifically making it illegal to record police that im aware of. But what the turds did was to twist around a wiretapping law that wasnt intended for that purpose to punish them.

From what I have been seeing, its not holding up anywhere though... although im not really on top of it...

But its cases like this where the ACLU actually does some good.

sandman21
02-11-2011, 11:34 PM
I never noticed that before in this video (which has been posted several times).
There was a marked car behind him.
He was probably chasing the guy who wouldn't stop and the unmarked officer cut in front of him to make him stop.

Idk about the gun though, didn't look like a felony stop.
And not announcing before it came out was a bad idea for the officer, but not illegal.

You can watch the whole thing on youtube, there was no chase.

G1500
02-12-2011, 12:47 AM
I never noticed that before in this video (which has been posted several times).
There was a marked car behind him.
He was probably chasing the guy who wouldn't stop and the unmarked officer cut in front of him to make him stop.

Idk about the gun though, didn't look like a felony stop.
And not announcing before it came out was a bad idea for the officer, but not illegal.

I watched that part several times, but I have to disagree.

Without going back to get the time, you can see in the long video with no sound, that the rider is clearly speeding, doing wheelies and so on. At one point, in the center median, there is a marked car, and right after that, the rider slows down. Once rider exited the freeway you notice he keeps checking his mirrors as well as looking behind him. There is a car behind him, but I do not think it is a marked car, I want to say it was the green Malibu, who may have been honking or something (We will never know as there is no sound).

Anyways, I guess there are always two sides to the story, and stupidity is in each story.

socal2310
02-12-2011, 7:52 AM
When recording police, be aware that quite a few cops think you need to notify them that you are recording. This was actually stated by an instructor (retired commander) at the Sheriff's Reserve Academy I attended about a year ago. It came up in the context of police using voice recorders. His claim: police can record without permission or notification but regular citizens may not.

I was NOT going to call him on that in front of the class when we were both going to be relying on memory.

G1500
02-12-2011, 9:12 AM
When recording police, be aware that quite a few cops think you need to notify them that you are recording. This was actually stated by an instructor (retired commander) at the Sheriff's Reserve Academy I attended about a year ago. It came up in the context of police using voice recorders. His claim: police can record without permission or notification but regular citizens may not.

I was NOT going to call him on that in front of the class when we were both going to be relying on memory.

Ahh, you mean the ole "Do as I say and not as I do" scenario?

That was a big thing in my family. lol

jl123
02-12-2011, 11:59 AM
The guy on the motorcycle got off on the wiretapping charges in court.

homerm14
02-12-2011, 12:21 PM
The only time I have asked someone not to record while I was on duty was while detaining someone for a 5150 evaluation. Due to the fact that I was questioning the person regarding his medical history and the possibility of a HIPAA violation. I advised the person that recording me was fine, however not the person being detained. I am not a lawyer and am not sure if this would be covered by HIPAA. I did ID the person recording and it went no further. It was purely in the interest of the detainee, and again I'm not sure if this would be covered by HIPAA.

Carnivore
02-12-2011, 12:24 PM
From what I have been seeing, its not holding up anywhere though... although im not really on top of it...


Ya there are many people convicted of taping police just googlefu convicted or audio taping police and came up with several in Massachusetts and New Hampshire. Older and recent as 2004 too. ACLU is on it though;)

zhyla
02-12-2011, 2:06 PM
The only time I have asked someone not to record while I was on duty was while detaining someone for a 5150 evaluation. Due to the fact that I was questioning the person regarding his medical history and the possibility of a HIPAA violation. I advised the person that recording me was fine, however not the person being detained. I am not a lawyer and am not sure if this would be covered by HIPAA. I did ID the person recording and it went no further. It was purely in the interest of the detainee, and again I'm not sure if this would be covered by HIPAA.

Always good to hear a LEO looking out for us, thanks.

planedude86
02-12-2011, 4:43 PM
The only time I have asked someone not to record while I was on duty was while detaining someone for a 5150 evaluation. Due to the fact that I was questioning the person regarding his medical history and the possibility of a HIPAA violation. I advised the person that recording me was fine, however not the person being detained. I am not a lawyer and am not sure if this would be covered by HIPAA. I did ID the person recording and it went no further. It was purely in the interest of the detainee, and again I'm not sure if this would be covered by HIPAA.

Unless you're working EMS-side for Sunnyvale or Rohnert Park, your department is likely not a covered entity under HIPAA. The EMS provider is a HIPAA covered entity; however the expectation of privacy in public doctrine still applies. In a hospital, you can ask the subject who is recording to leave, but on the streets there is no expectation of privacy. Since the covered entity did not create the recording, they have no duty under the privacy rule (that I'm aware of) in regard to the recording. That's why you can end up on the news as you try to restrain a screaming, suicidal naked man. Or a group of Chinese tourists can record you as you chase a schizophrenic lady down the street as she runs away from the aliens.

oni.dori
02-13-2011, 12:47 AM
Does an OFF DUTY officer really have the authority to ticket someone for speeding? If they do, how could they actually PROVE that they were without their radar/laser gun for evidence? Lastly, isn't brandishing his sidearm simply an act of unbridled intimidation; I mean, it wasn't NECISSARY, the guy was simply backing up because it appeared like someone was trying to run him off the road. Couple that with the man immediately launching out of the vehicle and producing a firearm, I would automatically think I was being assaulted, and wan to get out of there post-haste myself as well.

Veggie
02-13-2011, 1:41 AM
The cop is lucky the guy didn't have a gun and blow him away. The biker could have thought some nut all road raging was about to kill him.

nicki
02-13-2011, 7:10 AM
Back in the 1960's, the Black Panthers at first were scanning police radios and then showing up, recording and observing police arrests.

Of course the police didn't like the fact that they were recording and documenting their less than professional behavior:rolleyes:

So what happened is the Police started going after people who were recording their less than professional behavior.

That is when the "Black Panthers" took up arms.

Of course the police didn't like that and they got the legislature to push through the "Mulford Act" which banned "Loaded Open Carry" in California.

The Police are supposed to be our "Servants" and their jobs are to serve and protect us. Seems that some officers kinda forgot their "job descriptions".

This guy wanted to try out his "Helmet cam", he wasn't even trying to record the cops, it is just something that happened on auto pilot.

In fact, I could see more people using such auto record devices in their cars so that if they got into things like "accidents", they would have a recording of what they actually did.

Nicki

smokeysbandit
02-13-2011, 9:14 AM
In Kalifornia the rule is simple. If there is a presumption/assumption of privacy, you cannot record. If I converse with someone in my office at work, there is the presumption/assumption of privacy. If I speak with someone in a crowded bar, on a public street, no assumption of privacy.


A peace officer talking to me in PUBLIC, recording is permitted.

If you are speaking with someone on a telephone, there is an assumption of privacy EXCEPT in the following circumstance:

When speaking with a peace officer on the phone and the officer is conducting a criminal investigation, he may record your conversation WITHOUT formal notification that you are being recorded.

What about a classroom in a local community college? I had an instructor assert that if anyone recorded his class they would be guilty of wiretapping. I figured it was BS as the classes are open and for the public, but was not 100%. Can anyone clarify?

G1500
02-13-2011, 10:02 PM
What about a classroom in a local community college? I had an instructor assert that if anyone recorded his class they would be guilty of wiretapping. I figured it was BS as the classes are open and for the public, but was not 100%. Can anyone clarify?

I have had that happen also, although it was a little different. We had a professor ask if anyone in the class was opposed to recording and by not opposing they were agreeing that their voice could be recorded.

Im not sure of the legality, the school is open to the public, sort of. You have to pay to take a class, and therefor it would be exclusive to people who pay.

I would just record, and if he said you were guilty of wiretapping, tell him to kick rocks. He is not a DA, nor is he a jury of 12 peers who must find you guilty.