No, no, no. It depends on the jurisdiction. For example, some states (i.e., Maryland) require two-party consent to record a conversation.
Here's an article, just today, on recording apps for your iPhone including warnings about where this is not legal:
Well, I was being facetious, of course, but if you get the FD involved, they are more likely to force law enforcement to respond. More firemen are killed in the line of duty than cops, so they don't like ppl doing things that may put them in harms way. It's one thing to have to respond to a fire that is accidental, but if some jerk is risking a fire on purpose, the FD will be more than happy to show you exactly how much weight they can bring to bear. ;)
nb
In Brooklyn NYC I remember a store owner saying: "It's not the smash and grab kids I worry about, it's the cops responding to the alarm, loading their trunks with cartons of cigarettes and anything else of value. They have all the time in the world to empty the store."
-- Bobby G.
But there is also plenty of precendent that says that is waived if one part of the conversation is already being taped. There is no expectation of privacy on the part of the cops if they are already recording you.
As you said still in the courts. Be interesting to see if someone all of a sudden changes well over 30 years of precedent. I am really surprised that they pushed this since it could just as easily be used as precedent against their dash cams.
'Drug forfeiture' laws are abused nationwide, and used as a profit center by lots of local, county, state and federal law enforcement agencies. Sometimes the various agencies fight over who gets how much, if it is a case they all worked on. The very concept stands burden of proof on its head- the confiscated items are assumed guilty, and the owner has to sue the government and post a bond to try and get them back, even if the real charges against the human target are dropped. The cops know most people don't have the money to do that, and/or it would cost more than the items are worth, so the seizures are seldom seriously challenged. It is legalized theft, pure and simple.
Heck if he videotapes the firebug in action and shows it to a fire inspector from the FD along with a TV news reporter, something might happen. :-)
TDD
It is getting REALLY interesting in Ind. The Constitution says something about how all forfeitures are supposed to go to a school fund, although the law said that the local cops got the money up to their expenses (and they hired movie studio accountants so the expenses almost always equaled the spoils. If the higher courts agree with the lower, not only will the local cops not get the money, but they may have to reimburse the school fund.
Gee, I coulda sworn I jes said that. ;)
nb
The first time I ever got the police to arrest anyone who wronged me was to do damage to the dirt bag first by myself. I gave the guy a bath with pepper spray for breaking a window out of my van and the police caught the guy a few blocks away because he was freaked out trying to get the wicked stuff out of his eyes. It was his third felony and it was supposed to be enough to send him away for life but there was a plea bargain. I imagine the critter has screwed up several times since then and is probably doing life somewhere. You have to stand up for yourself because you can't demand that law enforcement do diddly. There are times when you have to prod them into action by gathering evidence yourself and sometimes call in a member of the press to embarrass the cops into taking action. I don't know if your community has a TV station that has a "Channel xx On Your Side" where TV reporters investigate complaints from citizens who can't get the local government to take action, something like that and local talk radio shows are often effective when a news reporter starts calling the local law enforcement boss.
TDD
There was an interesting case a while back when a fellow found a tracking device on his vehicle and removed it. Some law enforcement types, I think feds, showed up and asked for its return. Another guy found one and stuck it on a long haul truck at a truck stop and it traveled quite far before those tracking it figured out what was up. A man I know who owns a muffler shop had a city police car in for a muffler replacement and his mechanic found a tracker under the cop car. It caused a little bit of a stir because nobody knew where it came from or who was involved in planting the device.
TDD
Man up and just go kick the living crap out of him.
Steve
Well, there is that recourse. ;-)
This was clearly retaliatory prosecution and is a good reminder that police and prosectors can be extremely vindictive when the mood takes them. It's being closely watched by journalists and others since it's got the potential to force some serious changes in the status quo. Legislators like the anti-recording laws since it protects their lying asses more often than not. It will be a hard sell to them to get the laws changed.
I once had my pocket tape recorder running when I was pulled over by state troopers who were engaging in drag racing late at night. I advised them, according to article 66 1/2 that I was recording the conversation and that I had observed them drag racing. A supervisor was called. He asked me to surrender the tape. I refused. The watch commander was called. I still refused. They wrote me a ticket for speeding (I was, but only to "get the story") and let me go.
The case went all the way up to the chief of the Circuit Court, who at the time was the boss of my sister, the judge. I didn't beat the ticket, but the chief judge reamed out the troopers involved right in the courtroom because in the end, I think he believed that they *were* drag racing so it was worth it. My editor refused to run the story in the end and I moved on to another newspaper. The helmet guy might have avoided trouble by putting them "on notice" by announcing, as the law IIRC, demands, that he was making a record of events. My suspicion is that the State's atty. is just hoping this unfortunate case will fade away. I doubt it.
-- Bobby G.
Cops are going to do to the citizenry whatever they can get away with.
TDD
Not exactly certain what you mean by "file a formal complaint". You mean you'd sign your name to it and be potentially responsible for prosecuting the legal action (and maybe defending a counter-suit)? That could be a nasty can of worms.
I don't mind collecting evidence and maybe appearing in court, but, for my tiny $, the police damn well ought to take some responsibility for enforcing the law. As written.
I'll likely need it. :-(
Will
So maybe just stop by the local FD station and explain the situation. Right?
Thx, Will
Have a couple of friends phone the police with tips that the guy is selling illegal fireworks from his house. A guy I know was busted this way about 30 minutes after I left his house. They found fireworks there, so he was charged. I was just glad I wasn't around when the cops showed up.
"Don't Get Mad, Get Even: The Big Book of Revenge 2006 "
I had no idea this guy was still around and publishing. I may have to invest. Got a few jerks around here. ;)
nb
"Stormin Mormon" wrote in news:iuf951 $n9h$ snipped-for-privacy@dont-email.me:
I'm not about to test the intentions of Uncle Andy.
HomeOwnersHub website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.