Posted: 6/10/2006 8:25:27 PM EDT
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Hypothetical situation: Lets say you, for whatever reason, have been stopped by an officer. Now, can you use your cell phone as a recording device? And what if the officer tells you to turn the phone off; do you have to comply? |
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I believe that the ruling legal principle is, "You have no right of privacy in public." So if a cop happens to be recorded in public... too bad. Now, here's a great question: Here in NM the campsite, hotel room, automobile, motorcycle or bicycle is considered one's DOMICILE (i.e., same as his house). Legal to have guns, etc while 'in your domicile." So why not a recording device? |
What is the question? I see no problem having or using a recording device anywhere so long as you are not recording someone elses phone conversation (there are laws against that). |
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There are some concerns for the cell phone use. The common ploy criminals use is to contact friends for back up to try and escape, injure the officer, or distract the officer to a different offense. I do not allow cell phone use just for that reason. I have seen enough of it to have experience outside any training that is floating around about the issue. If you tell me that is all it is for well then-if you are just recording me, I could care less. I am probably recording you, so at least our audio should match  Some states have laws regarding recording others.......that is where you need to check the legal side. |
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**I'm not a lawyer** If you're out in the open, it's fair game to being recorded. Just like the cops say they can search the open area of your vehicle since it's in plain view. I would also suggest not telling them about your recording device. No reason to let them know. |
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The cop will very likely ask you to put the phone down. There are guns which disguise as cell phones, and there have also been incidents where guys call / text message their homies during a traffic stop, and they end up ganging up on / attacking the cop. If you don't comply when he asks you to put it down, realize that he has been trained to force you to comply -- not because you might be recording, but because you might be planning to kill him. What would be ideal is to have a bunch of cameras set up in the car, like the cops and news crews set up for hidden camera operations. |
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Based on assertive movements, I might have you step out of the vehicle for my safety and pat you down. ofcourse you have to remove the cell phone from your hand because it can be used as a weapon or to call other bad guys to help you. Infact I might put you in the backseat of the police car untill everything gets sorted out. Not under arrest, just detained. Also, 99% of police cars has audio and video in the vehicle. no point in recording whats already recorded. |
Very +1 
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If you stop someone and it's not a felony, not an arrest on a warrant and/or not a drug case (even misd.), you are constitutionally prohibited from patting someone down UNLESS you can articulate facts that would lead a reasonable officer to suspect the person is presently armed AND dangerous. Furtive movements consistent with the handling of a weopon will get you there (I think that is what you are saying).
Not everywhere, maybe in your jurisdiction. |
Thats what i was saying, and in this area yes. Although I do realize that some dont have the video setup in their depts, most, nationally speaking do. 
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