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Posted: 3/31/2012 6:42:23 AM EDT
[Last Edit: 3/31/2012 6:44:30 AM EDT by fundummy]
Reference the link below about an incident at Walmart...

Does anyone know about the legality of audio / video recording in Texas?
Is it legal to video record people in public?

http://www.click2houston.com/news/Walmart-guard-pulls-out-Taser-during-confrontation-with-teens/-/1735978/9866772/-/uyo5nwz/-/index.html

eta comments from GD link " How to get TAZED at Walmart " ––> http://www.ar15.com/forums/t_1_5/1306386_How_to_get_TAZED_at_WALMART___vid__.html
Link Posted: 3/31/2012 6:47:34 AM EDT
Depends on you're doing it. I'd advise against camera shoes.
Link Posted: 3/31/2012 6:52:11 AM EDT
I am new to Texas, but a coworker and I had this discussion earlier this week and he told me that it is legal to do so. Both audio and video. In Arizona, it was not legal to record someone on audio without their permission/knowledge.
Link Posted: 3/31/2012 7:10:42 AM EDT
Texas does have laws about video recording. They regard video taping things like upskirts, in locker rooms, etc. It is NOT unlawful to video or photograph a LEO.


We are one party state in regards to oral communications.
Link Posted: 3/31/2012 7:12:57 AM EDT
[Last Edit: 3/31/2012 7:13:45 AM EDT by MSB2199]
Originally Posted By fundummy:
Reference the link below about an incident at Walmart...

Does anyone know about the legality of audio / video recording in Texas?
Is it legal to video record people in public?

http://www.click2houston.com/news/Walmart-guard-pulls-out-Taser-during-confrontation-with-teens/-/1735978/9866772/-/uyo5nwz/-/index.html

eta comments from GD link " How to get TAZED at Walmart " ––> http://www.ar15.com/forums/t_1_5/1306386_How_to_get_TAZED_at_WALMART___vid__.html


It depends. If you are audio or video recording a conversation you are not a party to you could be arrested. If you are a party to the conversation, you may record it even without informing the other party(s). This differs state to state but Texas allows it. As far as the story cited, video or audio recording a public servant in the course of their work is not illegal. Many cops think it is (or want it to be) but it is not illegal. We are public servants and recording us doing our jobs, in public, is not and should not be illegal.. Obviously, sneaking in to a private place to video anyone can be, and usually is, illegal.
There is a trend now where cops in jurisdictions are arresting folks for recording them doing their jobs i.e., writing tickets, making an arrest, etc. I'm not aware of a case where those arrests have held up....some took many appeals to overturn, but I'm sure that all of them have been overturned or thrown out by the DA.
Link Posted: 3/31/2012 7:15:41 AM EDT
Originally Posted By MSB2199:
Originally Posted By fundummy:
Reference the link below about an incident at Walmart...

Does anyone know about the legality of audio / video recording in Texas?
Is it legal to video record people in public?

http://www.click2houston.com/news/Walmart-guard-pulls-out-Taser-during-confrontation-with-teens/-/1735978/9866772/-/uyo5nwz/-/index.html

eta comments from GD link " How to get TAZED at Walmart " ––> http://www.ar15.com/forums/t_1_5/1306386_How_to_get_TAZED_at_WALMART___vid__.html


It depends. If you are audio or video recording a conversation you are not a party to you could be arrested. If you are a party to the conversation, you may record it even without informing the other party(s). This differs state to state but Texas allows it. As far as the story cited, video or audio recording a public servant in the course of their work is not illegal. Many cops think it is (or want it to be) but it is not illegal. We are public servants and recording us doing our jobs, in public, is not and should not be illegal.. Obviously, sneaking in to a private place to video anyone can be, and usually is, illegal.
There is a trend now where cops in jurisdictions are arresting folks for recording them doing their jobs i.e., writing tickets, making an arrest, etc. I'm not aware of a case where those arrests have held up....some took many appeals to overturn, but I'm sure that all of them have been overturned or thrown out by the DA.




Wouldn't the above assume the setting was such that all involved parties had an expectation of privacy? I don't think anyone in the middle of a parking lot can have a reasonable expectation of privacy.
Link Posted: 3/31/2012 7:18:27 AM EDT
[Last Edit: 3/31/2012 7:29:06 AM EDT by txinvestigator]
Originally Posted By MSB2199:
Originally Posted By fundummy:
Reference the link below about an incident at Walmart...

Does anyone know about the legality of audio / video recording in Texas?
Is it legal to video record people in public?

http://www.click2houston.com/news/Walmart-guard-pulls-out-Taser-during-confrontation-with-teens/-/1735978/9866772/-/uyo5nwz/-/index.html

eta comments from GD link " How to get TAZED at Walmart " ––> http://www.ar15.com/forums/t_1_5/1306386_How_to_get_TAZED_at_WALMART___vid__.html


It depends. If you are audio or video recording a conversation you are not a party to you could be arrested.
That is partially true. it is NOT unlawful to video persons without their knowledge in general public places.

Texas Penal code
Sec. 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING.
(a) In this section, "promote" has the meaning assigned by Section 43.21.
(b) A person commits an offense if the person:
(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or private dressing room:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual desire of any person;
(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is a bathroom or private dressing room:(A) without the other person's consent; and
(B) with intent to:(i) invade the privacy of the other person; or
(ii) arouse or gratify the sexual desire of any person; or
(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.






Below are the relevant sections for audio recording.


Sec. 16.02. UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS


(b) A person commits an offense if the person:
(1) intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication
(4) a person not acting under color of law intercepts a wire, oral, or electronic communication, if:
(A) the person is a party to the communication;
or
(B) one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing an unlawful act;


As a former Private Investigator I made sure I was well versed in the laws regarding this type of thing. ;)
Link Posted: 3/31/2012 7:25:30 AM EDT
Originally Posted By txinvestigator:
Originally Posted By MSB2199:
Originally Posted By fundummy:
Reference the link below about an incident at Walmart...

Does anyone know about the legality of audio / video recording in Texas?
Is it legal to video record people in public?

http://www.click2houston.com/news/Walmart-guard-pulls-out-Taser-during-confrontation-with-teens/-/1735978/9866772/-/uyo5nwz/-/index.html

eta comments from GD link " How to get TAZED at Walmart " ––> http://www.ar15.com/forums/t_1_5/1306386_How_to_get_TAZED_at_WALMART___vid__.html


It depends. If you are audio or video recording a conversation you are not a party to you could be arrested.
That is partially true. it is NOT unlawful to video persons without their knowledge in general public places.


You are right, I threw video in there accidentally.
Link Posted: 3/31/2012 7:36:10 AM EDT
Originally Posted By TheAmaazingCarl:
Originally Posted By MSB2199:
Originally Posted By fundummy:
Reference the link below about an incident at Walmart...

Does anyone know about the legality of audio / video recording in Texas?
Is it legal to video record people in public?

http://www.click2houston.com/news/Walmart-guard-pulls-out-Taser-during-confrontation-with-teens/-/1735978/9866772/-/uyo5nwz/-/index.html

eta comments from GD link " How to get TAZED at Walmart " ––> http://www.ar15.com/forums/t_1_5/1306386_How_to_get_TAZED_at_WALMART___vid__.html


It depends. If you are audio or video recording a conversation you are not a party to you could be arrested. If you are a party to the conversation, you may record it even without informing the other party(s). This differs state to state but Texas allows it. As far as the story cited, video or audio recording a public servant in the course of their work is not illegal. Many cops think it is (or want it to be) but it is not illegal. We are public servants and recording us doing our jobs, in public, is not and should not be illegal.. Obviously, sneaking in to a private place to video anyone can be, and usually is, illegal.
There is a trend now where cops in jurisdictions are arresting folks for recording them doing their jobs i.e., writing tickets, making an arrest, etc. I'm not aware of a case where those arrests have held up....some took many appeals to overturn, but I'm sure that all of them have been overturned or thrown out by the DA.




Wouldn't the above assume the setting was such that all involved parties had an expectation of privacy? I don't think anyone in the middle of a parking lot can have a reasonable expectation of privacy.


See my correction above regarding video. There is not going to be be much restriction on video unless you are walking around the park videoing kids. In the situation above, the person doing the recording was a party to the conversation so the audio was legal. The video was legal because as you mentioned no one really has an expectation of privacy in that circumstance. In my original post I really wanted to point out that the officer was wrong for interfering with the defendant recording him.
Link Posted: 3/31/2012 8:20:39 PM EDT
The news said when a PD ask for I.D. you should is this true when your not doing anything wrong.
Link Posted: 3/31/2012 8:40:52 PM EDT
you are not required to show ID in this instance. It would make your life easier but there is no law, that I am aware of, that says you have to show ID in this particular case.
Link Posted: 4/1/2012 7:58:57 AM EDT
Originally Posted By MSB2199:
Originally Posted By fundummy:
Reference the link below about an incident at Walmart...

Does anyone know about the legality of audio / video recording in Texas?
Is it legal to video record people in public?

http://www.click2houston.com/news/Walmart-guard-pulls-out-Taser-during-confrontation-with-teens/-/1735978/9866772/-/uyo5nwz/-/index.html

eta comments from GD link " How to get TAZED at Walmart " ––> http://www.ar15.com/forums/t_1_5/1306386_How_to_get_TAZED_at_WALMART___vid__.html


It depends. If you are audio or video recording a conversation you are not a party to you could be arrested. If you are a party to the conversation, you may record it even without informing the other party(s). This differs state to state but Texas allows it. As far as the story cited, video or audio recording a public servant in the course of their work is not illegal. Many cops think it is (or want it to be) but it is not illegal. We are public servants and recording us doing our jobs, in public, is not and should not be illegal.. Obviously, sneaking in to a private place to video anyone can be, and usually is, illegal.
There is a trend now where cops in jurisdictions are arresting folks for recording them doing their jobs i.e., writing tickets, making an arrest, etc. I'm not aware of a case where those arrests have held up....some took many appeals to overturn, but I'm sure that all of them have been overturned or thrown out by the DA.


Might want to be careful about photographing/recording victims. I have had this issue before while working a sexual assault at a hotel.
Link Posted: 4/1/2012 8:21:02 AM EDT
Originally Posted By coconut1:
Originally Posted By MSB2199:
Originally Posted By fundummy:
Reference the link below about an incident at Walmart...

Does anyone know about the legality of audio / video recording in Texas?
Is it legal to video record people in public?

http://www.click2houston.com/news/Walmart-guard-pulls-out-Taser-during-confrontation-with-teens/-/1735978/9866772/-/uyo5nwz/-/index.html

eta comments from GD link " How to get TAZED at Walmart " ––> http://www.ar15.com/forums/t_1_5/1306386_How_to_get_TAZED_at_WALMART___vid__.html


It depends. If you are audio or video recording a conversation you are not a party to you could be arrested. If you are a party to the conversation, you may record it even without informing the other party(s). This differs state to state but Texas allows it. As far as the story cited, video or audio recording a public servant in the course of their work is not illegal. Many cops think it is (or want it to be) but it is not illegal. We are public servants and recording us doing our jobs, in public, is not and should not be illegal.. Obviously, sneaking in to a private place to video anyone can be, and usually is, illegal.
There is a trend now where cops in jurisdictions are arresting folks for recording them doing their jobs i.e., writing tickets, making an arrest, etc. I'm not aware of a case where those arrests have held up....some took many appeals to overturn, but I'm sure that all of them have been overturned or thrown out by the DA.


Might want to be careful about photographing/recording victims. I have had this issue before while working a sexual assault at a hotel.

Please elaborate. What law would make a person need to be "careful"?
Link Posted: 4/1/2012 10:35:11 AM EDT
quid pro quo. Can you elaborate whats highlighted below in red? It's unlawful for a person to intercept an oral communication that (A) the person is a party to?

Sec. 16.02. UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS


(b) A person commits an offense if the person:
(1) intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication
(4) a person not acting under color of law intercepts a wire, oral, or electronic communication, if:
(A) the person is a party to the communication
; or
(B) one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing an unlawful act;

Link Posted: 4/1/2012 11:44:51 AM EDT
Originally Posted By alias2:
quid pro quo. Can you elaborate whats highlighted below in red? It's unlawful for a person to intercept an oral communication that (A) the person is a party to?

Sec. 16.02. UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS


(b) A person commits an offense if the person:
(1) intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication
(4) a person not acting under color of law intercepts a wire, oral, or electronic communication, if:
(A) the person is a party to the communication
; or
(B) one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing an unlawful act;



Thanks for pointing out my ommission. I forget to copy and paste the part telling us that it is a defense if you are a party to the conversation.

Link Posted: 4/1/2012 2:34:14 PM EDT
Perfectly legal.

Douchebag needs to have that fucking tazer shoved up his ass.
Link Posted: 4/1/2012 3:22:15 PM EDT
Could someone clarify about the ID? Only felons have to Identify themselves? Or anyone involved in a crime?

I imagine if your driving then you automaticlly agree to showing ID while incharge of the motorvehicle?
Link Posted: 4/1/2012 3:28:00 PM EDT
Originally Posted By txinvestigator:
Originally Posted By coconut1:
Originally Posted By MSB2199:
Originally Posted By fundummy:
Reference the link below about an incident at Walmart...

Does anyone know about the legality of audio / video recording in Texas?
Is it legal to video record people in public?

http://www.click2houston.com/news/Walmart-guard-pulls-out-Taser-during-confrontation-with-teens/-/1735978/9866772/-/uyo5nwz/-/index.html

eta comments from GD link " How to get TAZED at Walmart " ––> http://www.ar15.com/forums/t_1_5/1306386_How_to_get_TAZED_at_WALMART___vid__.html


It depends. If you are audio or video recording a conversation you are not a party to you could be arrested. If you are a party to the conversation, you may record it even without informing the other party(s). This differs state to state but Texas allows it. As far as the story cited, video or audio recording a public servant in the course of their work is not illegal. Many cops think it is (or want it to be) but it is not illegal. We are public servants and recording us doing our jobs, in public, is not and should not be illegal.. Obviously, sneaking in to a private place to video anyone can be, and usually is, illegal.
There is a trend now where cops in jurisdictions are arresting folks for recording them doing their jobs i.e., writing tickets, making an arrest, etc. I'm not aware of a case where those arrests have held up....some took many appeals to overturn, but I'm sure that all of them have been overturned or thrown out by the DA.


Might want to be careful about photographing/recording victims. I have had this issue before while working a sexual assault at a hotel.

Please elaborate. What law would make a person need to be "careful"?


Moral law. I should have been more clear. Here's an example of what I meant to put things in better context.

If you see a lady who has obviously had the shit beat out of her and she's reporting this to the police in a public place (hotel lobby), common courtesy and good sense would say taking out your camera, taking pictures and then video taping yourself demanding to know why or what the officer is talking about to said lady, is inappropriate and not the same as "standing up for your rights."

Just throwing out a suggestion of good judgement and restraint based on the situation. This is a little popular news story right now and I have been seeing some people try to exercise their right to film LEOs in very stupid manners/situations.
Link Posted: 4/1/2012 4:26:20 PM EDT
Originally Posted By coconut1:
Originally Posted By txinvestigator:
Originally Posted By coconut1:
Originally Posted By MSB2199:
Originally Posted By fundummy:
Reference the link below about an incident at Walmart...

Does anyone know about the legality of audio / video recording in Texas?
Is it legal to video record people in public?

http://www.click2houston.com/news/Walmart-guard-pulls-out-Taser-during-confrontation-with-teens/-/1735978/9866772/-/uyo5nwz/-/index.html

eta comments from GD link " How to get TAZED at Walmart " ––> http://www.ar15.com/forums/t_1_5/1306386_How_to_get_TAZED_at_WALMART___vid__.html


It depends. If you are audio or video recording a conversation you are not a party to you could be arrested. If you are a party to the conversation, you may record it even without informing the other party(s). This differs state to state but Texas allows it. As far as the story cited, video or audio recording a public servant in the course of their work is not illegal. Many cops think it is (or want it to be) but it is not illegal. We are public servants and recording us doing our jobs, in public, is not and should not be illegal.. Obviously, sneaking in to a private place to video anyone can be, and usually is, illegal.
There is a trend now where cops in jurisdictions are arresting folks for recording them doing their jobs i.e., writing tickets, making an arrest, etc. I'm not aware of a case where those arrests have held up....some took many appeals to overturn, but I'm sure that all of them have been overturned or thrown out by the DA.


Might want to be careful about photographing/recording victims. I have had this issue before while working a sexual assault at a hotel.

Please elaborate. What law would make a person need to be "careful"?


Moral law. I should have been more clear. Here's an example of what I meant to put things in better context.

If you see a lady who has obviously had the shit beat out of her and she's reporting this to the police in a public place (hotel lobby), common courtesy and good sense would say taking out your camera, taking pictures and then video taping yourself demanding to know why or what the officer is talking about to said lady, is inappropriate and not the same as "standing up for your rights."

Just throwing out a suggestion of good judgement and restraint based on the situation. This is a little popular news story right now and I have been seeing some people try to exercise their right to film LEOs in very stupid manners/situations.


You might consider immoral or stupid but not illegal.
Link Posted: 4/1/2012 4:50:15 PM EDT
Originally Posted By coconut1:
Originally Posted By txinvestigator:
Originally Posted By coconut1:
Originally Posted By MSB2199:
Originally Posted By fundummy:
Reference the link below about an incident at Walmart...

Does anyone know about the legality of audio / video recording in Texas?
Is it legal to video record people in public?

http://www.click2houston.com/news/Walmart-guard-pulls-out-Taser-during-confrontation-with-teens/-/1735978/9866772/-/uyo5nwz/-/index.html

eta comments from GD link " How to get TAZED at Walmart " ––> http://www.ar15.com/forums/t_1_5/1306386_How_to_get_TAZED_at_WALMART___vid__.html


It depends. If you are audio or video recording a conversation you are not a party to you could be arrested. If you are a party to the conversation, you may record it even without informing the other party(s). This differs state to state but Texas allows it. As far as the story cited, video or audio recording a public servant in the course of their work is not illegal. Many cops think it is (or want it to be) but it is not illegal. We are public servants and recording us doing our jobs, in public, is not and should not be illegal.. Obviously, sneaking in to a private place to video anyone can be, and usually is, illegal.
There is a trend now where cops in jurisdictions are arresting folks for recording them doing their jobs i.e., writing tickets, making an arrest, etc. I'm not aware of a case where those arrests have held up....some took many appeals to overturn, but I'm sure that all of them have been overturned or thrown out by the DA.


Might want to be careful about photographing/recording victims. I have had this issue before while working a sexual assault at a hotel.

Please elaborate. What law would make a person need to be "careful"?


Moral law. I should have been more clear. Here's an example of what I meant to put things in better context.

If you see a lady who has obviously had the shit beat out of her and she's reporting this to the police in a public place (hotel lobby), common courtesy and good sense would say taking out your camera, taking pictures and then video taping yourself demanding to know why or what the officer is talking about to said lady, is inappropriate and not the same as "standing up for your rights."

Just throwing out a suggestion of good judgement and restraint based on the situation. This is a little popular news story right now and I have been seeing some people try to exercise their right to film LEOs in very stupid manners/situations.
How did you manage to get approaching the officer and demanding to know anything in this topic? This is about the legality of audio and video, not interfering in an investigation.

? ? ?

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