Quote:
Originally Posted by Gogar
You need to be careful; in your state, recording an interaction with a police officer without his consent violates the officer's right to 'privacy', and you can be arrested. Fun, huh? [...]
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Gogar, negative. Law Enforcement have no expectation of privacy while working in public. The case cited was NOT in CA and has no precedence in CA. The law referenced pertains to private communication between parties. Ex: telephone, cell-phone, e-mail, etc. By definition wire-tapping cannot occur in a place (such as a public area) where there is no expectation of privacy.
In fact:
Here is a discussion on the very subject in another forum with citation to CA PC §632:
Quote:
632. (a) Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment...
(c) The term "confidential communication" includes any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.
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