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Bigbird19
05-15-2011, 10:39 PM
I overheard someone in class talking about how he records the audio during a traffic stop. He said the first thing he does when he "see's the lights" is turn on the audio recorder on his phone. His excuse was to make sure that the cop doesn't do anything corupt or if he gets/does something wrong it could be used as evidence in court.

I didn't feel like chiming in to avoid unneccesary "confrontation" but I am curious if this is legal.

ke6guj
05-15-2011, 10:46 PM
In CA, its legal.

the officer is in a public place, without the expectation of privacy, and can be recorded. The officer is recording his side of the conversation on his dash cam, and if he is smart, on his own personal recorder.

Ackrite
05-15-2011, 10:57 PM
I have my voice recorder in the empty cup holder right next to the shifter. Although I very rarely get pulled over any more I have it there mainly for when I go through those border patrol internal suspicionlous checkpoints. I would recommend one for anybody that may be traveling with a legally stored gun in their car as well

Packy14
05-15-2011, 11:06 PM
My iphone has a voice memo function, records good even facedown. Cop will be recorded, so will my statement of denial of search of my car or person if it comes to that. Access to my trunk, denied. Search --> lawsuit.

EOD3
05-15-2011, 11:13 PM
You know, I've been driving various vehicles from mini-bikes to dual-axle trucks for the last forty-plus years and I've been pulled-over exactly three times. All three times, I knew EXACTLY why I was being pulled over. No ambiguity, no "blaming the officer", no trying to worm my way out of a ticket. Final score, two tickets and one "talking to".

The best way to have a professional encounter is to NOT act like a jackass. Ninety-nine percent of officers are just doing their jobs and they'll treat you with the same respect you give them.

Bigbird19
05-15-2011, 11:22 PM
Of course and I agree 100% I have been pulled over quite a few times :( but have only walked away with 2 tickets(speeding) that I knew I was gonna get. Other ones were just little things.

The reason I posted this is because it seems like such a good idea for a california gun owner who transports their gun in their car. We have all heard the horror stories of cops not knowing the AW laws and honestly other laws. And I have experienced a "I'm right because I am a cop" cop which sucks. I have the absolute highest respect for LE's however some people abuse their power and its always smart to be prepared.

The worst thing that could happen would be a you vs him who said what argument in court.

You know, I've been driving various vehicles from mini-bikes to dual-axle trucks for the last forty-plus years and I've been pulled-over exactly three times. All three times, I knew EXACTLY why I was being pulled over. No ambiguity, no "blaming the officer", no trying to worm my way out of a ticket. Final score, two tickets and one "talking to".

The best way to have a professional encounter is to NOT act like a jackass. Ninety-nine percent of officers are just doing their jobs and they'll treat you with the same respect you give them.

Falconis
05-16-2011, 12:08 AM
Way I see it, I have mine going, what the hell.

As far as all these stories, I take them all with a grain of salt.

TRICKSTER
05-16-2011, 1:04 AM
Way I see it, I have mine going, what the hell.

As far as all these stories, I take them all with a grain of salt.

But they are posted on the Calguns, they must be true.:rolleyes:

Falconis
05-16-2011, 1:09 AM
not only that, it IS on the internet :)

nagorb
05-16-2011, 1:25 AM
But they are posted on the Calguns, they must be true.:rolleyes:

I was let out of what could have been a BAD ticket cause I was truthful with a CHP officer, could have been much worse:)

TRICKSTER
05-16-2011, 12:26 PM
I was let out of what could have been a BAD ticket cause I was truthful with a CHP officer, could have been much worse:)

No way. You were truthful with a police officer and he let you go instead of dragging you off to jail and confiscating your guns for his own personal use. I don't believe it.:eek:

Good thing you didn't listen to the "NEVER TALK TO THE POLICE" crowd here on Calguns.

nagorb
05-16-2011, 2:15 PM
No way. You were truthful with a police officer and he let you go instead of dragging you off to jail and confiscating your guns for his own personal use. I don't believe it.:eek:

Good thing you didn't listen to the "NEVER TALK TO THE POLICE" crowd here on Calguns.

Not only that but he thanked me:willy_nilly:

dirtykoala
05-16-2011, 11:29 PM
not a LEO- just giving some thoughts on recording.

when i was new to calguns and super exited about my new AK build and thinking all LEO were there to help people, i made a stupid stupid mistake.

I saw a cop at my local coffee shop before work and asked if i could borrow a minute of his time. he smiled and said "sure, whats up?". I explained the bullet button and asked if where/who i could send info to about the bullet button and a the AW flow chart, so that if i ever get pulled over and a cop asks if i have guns in the car, i could point him to the guns, and not be scared that he will think i have an assault weapon.

the cop asks if i have any of these california compliant guns and i tell him i have a compliant AK type gun.

so he asks for my ID which i didnt want to show him, but he was nice and talked me into it, so i show him my ID (another stupid mistake, i know.) then a few more cops roll up. i tell them i just had a question, and i would like to be on my way, sorry for taking their time. then the cop says i cant leave, and i just admitted to him that i have an unregistered assault weapon. luckily after a few more mins another cop comes up and is able to explain the bullet button, and they let me go.

ever since then i have recorded every encounter i have with LEO. It protects both parties i think. Cops record encounters for many reasons, one being that i cant make up stories about what happened, he has proof. if his proof wasnt working that day or something, i also have proof.

this came in handy onetime when a 20 min encounter was recorded by myself which led to a few rights violations among other things. i filed a complaint and got a response saying that no policies were violated, nothing bad happened, blah blah blah...

so i do a prar/foia and find that because of that incident the department had changed their policies in regards to certain encounters, and the cops would be retrained.

if i hadnt recorded the conversation i would have had nothing to back my complaint with, and the cops would probably not have gotten training on how to conduct lawful encounters with citizens, and law suits could have happened if the cops continued to behave they way they had.

win win.

Falconis
05-16-2011, 11:36 PM
I was let out of what could have been a BAD ticket cause I was truthful with a CHP officer, could have been much worse:)

Probably cause you shocked the crap out of him. I know I'm shocked when people are honest with me on traffic stops.

Although I did give one a guy a ticket who was honest with me. Reason being, he sounded like he was going through a memorized spiel when I was talking with him. After running him out, he had 4 points on his record, 7 tickets in the system, and another 2 or 3 pending. It's too bad he made the ped back up out of the crosswalk back onto the sidewalk when the stop sign he was at clearly told him otherwise.

ckim34
05-17-2011, 1:00 PM
I record all of my stops so I could care less if they record it too. Also, I dont have anything to hide so it doesnt bother me.

TRICKSTER
05-17-2011, 1:20 PM
I record all of my stops so I could care less if they record it too. Also, I dont have anything to hide so it doesnt bother me.

All of your stops? How many times do you get stopped? In 35 years of driving, I have only been stopped 4 times. Some of these people must have terrible driving habits.

ckim34
05-17-2011, 2:49 PM
All of your stops? How many times do you get stopped? In 35 years of driving, I have only been stopped 4 times. Some of these people must have terrible driving habits.

I've been stopped maybe 3 times in my life. But I've probably pulled over a 1000 or so cars. It doesnt take very long for me to turn on my voice recorder.

Edit. I got my numbers wrong. I've stopped closer to 3000 cars. Math was never my forte.

MAVERICK
05-17-2011, 4:30 PM
No way. You were truthful with a police officer and he let you go instead of dragging you off to jail and confiscating your guns for his own personal use. I don't believe it.:eek:

Good thing you didn't listen to the "NEVER TALK TO THE POLICE" Mall Ninjas here on Calguns.

There I fixed it for you.

GrizzlyGuy
05-17-2011, 7:12 PM
Jack it is correct, recording LEOs is generally legal in California. The key is how the term "confidential communication" is defined in PC 632 (c) (http://law.onecle.com/california/penal/632.html). It excludes any "circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded". When such an exclusion applies, the consent of both parties is not required.

Given the increasing prevalence of dash-cams and LEOs carrying audio or video recorders on their bodies (http://www.calguns.net/calgunforum/showthread.php?t=252565), I reasonably expect that virtually every encounter I may have with a LEO is already being recorded, so I can record it too. My local police department even has a page on their web site where they brag about having high-tech recording gear in all their cruisers.

This article (http://www.rcfp.org/taping/states/california.html) is a good primer on the situation in CA.

EOD3
05-18-2011, 4:54 PM
Now, understand this is just my opinion based on experience long before there was any such thing as a personal recording device smaller than a lunchbox. :eek:

If I had stopped someone, and found out they were recording the stop, they would lose ANY CHANCE of receiving an ***** chewing and a "don't let me see you again". Sign here! Have a NICE DAY. :nono:

nagorb
05-18-2011, 5:05 PM
Probably cause you shocked the crap out of him. I know I'm shocked when people are honest with me on traffic stops.

Although I did give one a guy a ticket who was honest with me. Reason being, he sounded like he was going through a memorized spiel when I was talking with him. After running him out, he had 4 points on his record, 7 tickets in the system, and another 2 or 3 pending. It's too bad he made the ped back up out of the crosswalk back onto the sidewalk when the stop sign he was at clearly told him otherwise.

I've never been one to make excuses. I still got a ticket:( but deserved worse:)

Now, understand this is just my opinion based on experience long before there was any such thing as a personal recording device smaller than a lunchbox. :eek:

If I had stopped someone, and found out they were recording the stop, they would lose ANY CHANCE of receiving an ***** chewing and a "don't let me see you again". Sign here! Have a NICE DAY. :nono:

Wait so if someone wants to cover their own *** you would give them a tcket? But it's OK for you to record it:confused:

EOD3
05-18-2011, 5:17 PM
I've never been one to make excuses. I still got a ticket:( but deserved worse:)



Wait so if someone wants to cover their own *** you would give them a tcket? But it's OK for you to record it:confused:

If you think for a hot-second I'd allow a recording to "surface" after I issued a warning, and "Little Johnny" plows into a school bus ten minutes later, you have got to quit smoking Cannabis-Sativa... :cool2:

Sniper3142
05-18-2011, 6:24 PM
I always record any and all interaction with police.

One of the tools I use is the QIK application:

http://qik.com/

It saves the video in realtime to an online storage site, so it can't be deleted by anyone wishing to without the owners permission.

Falconis
05-18-2011, 6:32 PM
How much interaction with police do you have?

Falconis
05-19-2011, 10:08 AM
Yeah I don't understand it. I mean it's never happened to me before ....

TRICKSTER
05-19-2011, 10:25 AM
Everyone I ticketed thanked me and wrote a complementary letter to my department. Isn't that what normally happens? :D

retired
05-19-2011, 2:39 PM
Please everyone, chill out.

Quake0
05-22-2011, 5:59 PM
I don't see any thing wrong with recording police. Its just transparency.

yzernie
05-22-2011, 6:35 PM
Record all you want to. I have nothing to hide from.

mariodesmo
05-22-2011, 7:28 PM
I too have driven for over 40 years and have been pulled over maybe 5 or 6 times in total and have received 2 tickets from those stops. I've never had problem and I was running along about 10mph over the speed limit.

Anyway back in the late 70's, I was riding along on my hi perf motorcycle home from the races one Sunday evening on a flat secondary county road with clear views to the sides, and a 3 mile straight away. So, having a new exhaust that "guaranteed" huge performance gains (this was in the late 70''s), I cranked it to find my new "top speed." I was rolling along at 140 mph indicated on the speedo when a car coming in the opposite direction came up and passed by me fast! As we passed I noticed the car was black and had what seemed like a white door with some scribling on the side. So, I looked in my rear view mirror and sure enough, that car had red lights on and were all lit up. The rear end was way high, the front end was nose diving as he hit the brakes.

So I shut it down and eventually rolled to a stop around a bend in the road, it took about 1/2 mile to stop. I took off my helmet, jacket, gloves, etc. and waited. The CHP officer came around the bend at speed and came to a stop. He was not happy as he walke up to me and said thanks for pulling over and not running. "Now lets see your license and registration" he said. He then lectured me on road safety and asked questions, and all I said in return was, "yes sir" or "no sir" to each question he asked. Questions like, "do you know what an accident is." He also asked the usual, "where you going, where you coming from..." He did mention that my bike was well set up well with tripple disc brakes, top notch suspension/wheels/tires/etc and I obviously knew how to ride and then he shouted, "You know, I can burn you right now!" All I said was, "yes sir, I know that."

He looked at me and then shouted, "WELL DONT EVEN THINK ABOUT EVER DOING THIS AGAIN, NOT ON MY HIGHWAY, OR ANY HIGHWAY." Again, all I replied was "yes sir" and "no sir" to his questions. He finally told me that if I wanted to have some fun, I should get a girl on the back and take her for a ride AT THE SPEED LIMIT! After the lecture, he gave me back my license and registration, and told me to go home, AT THE SPEED LIMIT!" Again all I said was, "yes sir, and thank you sir" when he gave me back my license.

I then rode home for 50 miles, exactly at the speed limit...
:-)

mtsul
05-22-2011, 9:47 PM
He was totally right about the girl;)
I too have driven for over 40 years and have been pulled over maybe 5 or 6 times in total and have received 2 tickets from those stops. I've never had problem and I was running along about 10mph over the speed limit.

Anyway back in the late 70's, I was riding along on my hi perf motorcycle home from the races one Sunday evening on a flat secondary county road with clear views to the sides, and a 3 mile straight away. So, having a new exhaust that "guaranteed" huge performance gains (this was in the late 70''s), I cranked it to find my new "top speed." I was rolling along at 140 mph indicated on the speedo when a car coming in the opposite direction came up and passed by me fast! As we passed I noticed the car was black and had what seemed like a white door with some scribling on the side. So, I looked in my rear view mirror and sure enough, that car had red lights on and were all lit up. The rear end was way high, the front end was nose diving as he hit the brakes.

So I shut it down and eventually rolled to a stop around a bend in the road, it took about 1/2 mile to stop. I took off my helmet, jacket, gloves, etc. and waited. The CHP officer came around the bend at speed and came to a stop. He was not happy as he walke up to me and said thanks for pulling over and not running. "Now lets see your license and registration" he said. He then lectured me on road safety and asked questions, and all I said in return was, "yes sir" or "no sir" to each question he asked. Questions like, "do you know what an accident is." He also asked the usual, "where you going, where you coming from..." He did mention that my bike was well set up well with tripple disc brakes, top notch suspension/wheels/tires/etc and I obviously knew how to ride and then he shouted, "You know, I can burn you right now!" All I said was, "yes sir, I know that."

He looked at me and then shouted, "WELL DONT EVEN THINK ABOUT EVER DOING THIS AGAIN, NOT ON MY HIGHWAY, OR ANY HIGHWAY." Again, all I replied was "yes sir" and "no sir" to his questions. He finally told me that if I wanted to have some fun, I should get a girl on the back and take her for a ride AT THE SPEED LIMIT! After the lecture, he gave me back my license and registration, and told me to go home, AT THE SPEED LIMIT!" Again all I said was, "yes sir, and thank you sir" when he gave me back my license.

I then rode home for 50 miles, exactly at the speed limit...
:-)

EOD3
05-22-2011, 10:08 PM
He was totally right about the girl;)

Good advice is where you find it. I think my wife would have had something to say about it though. :D