Can i record a Police stop?

Discussion in 'XDTalk Chatter Box' started by nikon777, Jun 7, 2007.

  1. nikon777

    nikon777 XDTalk 5K Member Founding Member

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    Several people have mentioned the police have accused them of failing to notify they have a ccw when stopped(must notify in Ohio). I'm wondering if I can legally voice record a traffic stop? Id like to clip a digital voice recorder to my visor and activate it as soon as I'm lit up.
     
  2. Old School

    Old School Super Moderator Staff Member Supporting Vendor

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    If the officer has a camera in his car and has the option of recording the conversation, you have the same rights as the officer. If you are doing it to protect yourself in case you go to court, you best contact an attorney and ask them how and what is admissible in court.

    OS
     
  3. DCSOXD40

    DCSOXD40 XDTalk 1K Member Founding Member

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    The answer you seek is.......yes. You can legally audio or video record a traffic stop. There are absolutely no laws that forbid it. I am a Deputy here in Tennessee and I actually reccomend it! I once stopped a person for a minor traffic violation who later claimed that I had threatened him and that he had recorded it on a voice recorder. The courts pulled my cruiser tape and video and there happened to be a part in the video where my voice was muffled for a bit. Of course, the driver claimed that this is where I threatened his life. He said he could prove it! He had audio! That rascally genius :mad:! Well, turns out that his audio was clearer and easier to understand, and the muffled part was actually me asking how his weekend was going! Ha! Score one for the good guy! Thanks buddy! :D
     
  4. nikon777

    nikon777 XDTalk 5K Member Founding Member

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    cool. glad it worked out in your favor.
     
  5. Gravel

    Gravel XDTalk 2K Member Founding Member

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    My god, you bastard!!!!! How do you sleep at night??? :lol: :mrgreen:
     
  6. DCSOXD40

    DCSOXD40 XDTalk 1K Member Founding Member

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    I sleep fine, thank you.....in between all of the uncontrollable laughter that is!:D
     
  7. Sirius1963

    Sirius1963 XDTalk 2K Member

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    Just curious.. how often do you get "lit up" ? I haven't been pulled over in quite a while. The batteries in mine would go dead.
     
  8. The Knight Of Light

    The Knight Of Light XDTalk 5K Member

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    Wonder if I can wear my Hatcam??
     
  9. FrankRizzoXD40

    FrankRizzoXD40 XDTalk 5K Member

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    It probably depends on the laws in your state. Some states have laws which state that you have to ask permission before you record someone. I think this is what OS was getting at when he said that you can do this in states where cops are allowed to record you, but I'm not sure.

    Frank:D
     
  10. DCSOXD40

    DCSOXD40 XDTalk 1K Member Founding Member

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    There is a federal mandate on the books that states if a stop is initiated by an LEO or someone with the authority to make a stop, then you have the right to record that interaction with audio or video without notifying the initiating officer. Now, if you approach the officer for an interview or something along those lines, then yes, you do have to notify him that he is being recorded.
     
  11. THE SCARECROW

    THE SCARECROW XDTalk 500 Member

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    Hey DCSOXD40 what part of Nashville you work? And do you get to carry your XD?
     
  12. AZXD

    AZXD XDTalk 35K Member

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    DCSOXD40,
    Thanks much for this information. I don't own a digital recorder, but it's nice to know what the law is.
     
  13. DCSOXD40

    DCSOXD40 XDTalk 1K Member Founding Member

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    Unfortunately, No, I do not get to carry the XD at work. Metro has the Glock 23. I shutter to think of it! Hopefully, they will be giving us a list of other options soon. HOPEFULLY!
     
  14. retired

    retired XDTalk 5K Member

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    DCSOXD40, would you please cite the federal mandate you are referring to as I cannot locate it when I google it. Perhaps I'm not using the correct wording. I did find a 2003, 9th Circuit Court decision of a Washington State case that states such recording is not prohibited, but no federal one.

    I'm curious enough to want to read the mandate you are referring to. Thank you.
     
  15. Poison7FL

    Poison7FL XDTalk Newbie

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    THAT was my question too?
     
  16. FrankRizzoXD40

    FrankRizzoXD40 XDTalk 5K Member

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    Me too.

    Frank:D
     
  17. THE SCARECROW

    THE SCARECROW XDTalk 500 Member

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    Well just tell Chief Ronal Serpas that I said you can carry your XD. LOL!
    I have a Uncle with the force and a grandfather that is retired from the force.
    My grandfather was out of South station, My Uncle is out of East station......Oh, and may the force be with you............
     
  18. oldmantod

    oldmantod XDTalk 500 Member

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    You gotta understand though, Nikon driving in some cities here invokes the DWB offense.

    :razz:
     
  19. JRH

    JRH XDTalk 2K Member Founding Member

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    Quote:
    <TABLE cellSpacing=0 cellPadding=6 width="100%" border=0><TBODY><TR><TD class=alt2 style="BORDER-RIGHT: 1px inset; BORDER-TOP: 1px inset; BORDER-LEFT: 1px inset; BORDER-BOTTOM: 1px inset">Originally Posted by Sirius1963 [​IMG]
    Just curious.. how often do you get "lit up" ? I haven't been pulled over in quite a while. The batteries in mine would go dead.
    </TD></TR></TBODY></TABLE>
    I believe he was planning on turning it on when he was being stopped:)
    -----------------------------
    Deputy do you get to carry any of these when your at work? If so can I move down and join your department when I'm 21?:D

    Mossberg 500 Persuader
    Browning M1918A2 B.A.R. (Original)
    1927 Thompson (Original)
    Barrett M82A1
    Colt AR-15 .223
     
  20. TheXDkid

    TheXDkid XDTalk 500 Member

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    anyone know if i need to notify in VA??
     

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